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Results: 1-10 of 206

What is a “Personal Benefit” for Insider Trading Tippee Liability?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 9 2016

On February 29, 2016, in Securities and Exchange Commission v. Payton et al, a jury found two stockbrokers liable for trading on confidential tips


Ninth Circuit affirms dismissal with prejudice of Corinthian Colleges securities fraud class action
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 5 2008

In Metzler Investment GMBH v. Corinthian Colleges, Inc., 2008 WL 2853402 (9th Cir. July 25, 2008), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal with prejudice of a securities fraud class action, holding that plaintiffs had failed to plead the essential elements of loss causation, scienter and falsity consistent with the requirements of prevailing Supreme Court and Ninth Circuit authority


Be careful what you warrant and represent in your deal documents; you may be liable to a sophisticated party for fraudulent inducement even when that party fails to conduct due diligence or was on notice of potential problems
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 8 2010

In MBIA Insurance Corporation v Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc, and Select Portfolio Servicing, Inc, Index No 6037512009 (Sup Ct, NY County, Aug 9, 2010), Justice Shirley Werner Kornreich denied, in large part, the defendants' motion to dismiss fraudulent inducement and breach of contract claims based on certain representations and warranties provided to the plaintiff in the parties' deal documents


Supreme Court Holds That “Actual Fraud” Under Section 523(a)(2)(A) of the Bankruptcy Code May Include Fraudulent Transfers That Occur Without False Representations
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 20 2016

On May 16, 2016, the United States Supreme Court in Husky International Electronics v. Ritz held that the phrase “actual fraud” under section


Second Circuit reverses order disqualifying defense counsel in suit over demutualization of insurance company
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 13 2009

In Murray v. Metropolitan Life Ins. Co., No. 09-3716-CV, 2009 WL 3080462 (2d Cir. Sept. 29, 2009), the United States Court of Appeals for the Second Circuit reversed an order by the district court disqualifying defense counsel for a life insurance company in an action alleging fraud in connection with the demutualization of defendant life insurance company


Second Circuit holds that federal common law prohibits trading by insiders of a Cayman Islands corporation while in possession of material nonpublic information
  • Sheppard Mullin Richter & Hampton LLP
  • Cayman Islands, USA
  • February 4 2014

In Steginsky v. Xcelera Inc., Nos. 13-1327-cv, 13-1892-cv, 2014 WL 274419 (2d Cir. Jan. 27, 2014), the United States Court of Appeals for the Second


Delaware Court Affirms Utility of Non-Reliance Clause in Dismissing Fraud Claim
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 22 2017

In IAC Search, LLC v. Conversant LLC (fka ValueClick, Inc.), 2016 WL 6995363 (Del. Ch. Nov. 30, 2016), the Delaware Court of Chancery provided a


Second Circuit clarifies that allegations of direct fraudulent representations are not necessary for market manipulation claims under Section 10(b) and rule 10b-5
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 11 2015

In Fezzani v. Bear, Stearns & Co., Inc., No. 14-3983, 2015 WL 400547 (2d Cir. Jan. 30, 2015) (“Fezzani II”), the United States Court of Appeals for


SEC Co-Chief of Division of Enforcement’s Asset Management Unit identifies 2015 exam priorities for hedge and private equity funds
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 27 2015

On November 18, 2014, Julie M. Riewe, Co-Chief of the Division of Enforcement's Asset Management Unit of the Securities and Exchange Commission (the


First Circuit reaffirms FCA’s “first-to-file” bar as a broad jurisdictional limit
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 22 2015

In early December 2014, the United States Court of Appeals for the First Circuit reaffirmed that circuit's broad interpretation of the False Claims