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Results: 1-10 of 196

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


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


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


Siemens whistleblower complaint underscores need for "top-down" anti-corruption compliance
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 28 2013

In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of


Fraud claim against syndicated lender allowed to proceed, despite express disclaimer of reliance in deal documents
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 25 2010

On May 10, 2010, Justice Barbara R Kapnick permitted a fraud claim to proceed against a syndicated lender despite the fact that the plaintiffs were sophisticated parties and the loan documents contained express disclaimers of reliance


Line in the sand: Siemens Argentina case limits personal jurisdiction under the FCPA
  • Sheppard Mullin Richter & Hampton LLP
  • Argentina, USA
  • March 8 2013

A New York federal district court judge has dismissed a Foreign Corrupt Practices Act ("FCPA") claim against a former executive of Siemens, S.A


Second Circuit applies Morrison to criminal prosecution under Section 10(b) and Rule 10b-5
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 23 2013

In United States v. Vilar, Case Nos. 10-521(L), 10-580(CON), 10-4639(CON), 2013 WL 4608948 (2d Cir. Aug. 30, 2013), the United States Court of


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


Second Circuit notes split with Ninth Circuit over whether failure to make adequate disclosures under item 303 of Regulation S-K may serve as basis for a Section 10(b) claim
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 26 2015

In Stratte-McClure v. Morgan Stanley, No. 13-0627-cv, 2015 WL 136213 (2d Cir. Jan. 12, 2015), the United States Court of Appeals for the Second