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Results: 1-10 of 67

U.S. district court grants BankAtlantic’s post-trial motion for judgment as a matter of law for failure to prove loss causation
  • Alston & Bird LLP
  • USA
  • May 6 2011

In another significant federal court decision on the loss causation element of federal securities fraud claims, last week U.S. District Judge Ursula Ungaro (S.D. Florida) overturned a jury verdict for Plaintiffs in the securities fraud class action suit, In re BankAtlantic Bancorp, Inc. Sec. Litig., No. 07-Civ-61542 (UU


FinCEN proposes enhanced customer due diligence requirements for financial institutions
  • Alston & Bird LLP
  • USA
  • August 8 2014

On July 30, 2014, the Financial Crimes Enforcement Network (FinCEN) issued proposed rules under the Bank Secrecy Act (BSA) to strengthen customer due


SEC adopts Final Rules and guidance defining “security-based swap dealer” and “major security-based swap participant” in cross-border transactions
  • Alston & Bird LLP
  • USA
  • July 23 2014

On June 25, 2014, the Securities and Exchange Commission (SEC) adopted the first of a series of rules on cross-border security-based swap activities


Recent FCPA opinions provide insight into the scope of personal jurisdiction over foreign nationals
  • Alston & Bird LLP
  • USA
  • March 1 2013

In recent years, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have demonstrated an increased commitment to


Tax issues facing investors in Bernard Madoff’s fund
  • Alston & Bird LLP
  • USA
  • January 1 2009

The tax laws may give investors defrauded by Mr. Madoff and his firm, Bernard Madoff Investment Securities LLC, a method for recovering some of the money they have lost, but the uncertainty and complexity of the rules may lead to disputes with the Internal Revenue Service (IRS


Backdating claims dismissed where plaintiffs could not plead demand futility as to board in place at the time of the filing of the amended complaint
  • Alston & Bird LLP
  • USA
  • August 18 2008

In a shareholder derivative action, the plaintiff-shareholder is not permitted to pursue claims on behalf of the corporation without first making a demand on the company’s board of directors or pleading with particularity that such a demand should be excused as futile


Supreme Court to clarify “inquiry notice” standard for securities fraud statute of limitations
  • Alston & Bird LLP
  • USA
  • July 7 2009

Last month, the Supreme Court granted certiorari to clarify the much-litigated issue of when plaintiffs are deemed to have "inquiry notice" of their claims sufficient to trigger running of the statute of limitations for federal securities fraud claims


Where the Rubber meets the road: Goodyear Tire agrees to pay $16 million to settle FCPA claims
  • Alston & Bird LLP
  • USA
  • March 2 2015

On February 24, 2015, the Securities and Exchange Commission (SEC) announced that it had entered into a settlement with Goodyear Tire & Rubber Co. to


OSHA issues Final Rule implementing SOX whistleblower complaint procedures
  • Alston & Bird LLP
  • USA
  • March 10 2015

On March 5, 2015, the Department of Labor's Occupational Safety and Health Administration (OSHA) published a Final Rule, more than three years in the


Halliburton case could affect consumer class actions
  • Alston & Bird LLP
  • USA
  • March 5 2014

In an article published in the fall of 2013, we examined certain class actions filed against Anheuser-Busch In Bev in which plaintiffs accuse the