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Results: 1-10 of 206

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


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


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 allegations of direct fraudulent representations are necessary for market manipulation claims under Section 10(b) and Rule 10b-5
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • May 24 2013

In Fezzani v. Bear, Stearns & Co., Inc., No. 09-4414-cv, 2013 WL 1876534 (2d Cir. May 7, 2013), a 2-1 majority of a panel of the United States Court


New year, New Orleans, old tricks
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 15 2015

The Department of Justice’s Kleptocracy Initiative is kicking off 2015 strong. On January 13, 2015, the DOJ filed a civil complaint seeking the


Cherry-picking & soft dollars
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 14 2014

In a decision issued on August 5, 2014 in an administrative proceeding (the "Decision"), J.S. Oliver Capital Management, L.P. And Ian O. Mausner were


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


Ninth Circuit rejects theory of "collective scienter" and reaffirms pre-Tellabs authority applying heightened requirements for pleading scienter in securities fraud actions
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 4 2008

In Glazer Capital Management, LP v. Magistri, 2008 WL 5003306 (9th Cir. Nov. 26, 2008), the United States Court of Appeals for the Ninth Circuit held that when pleading scienter as to a corporate defendant, the Private Securities Litigation Reform Act of 1995 (the “Reform Act”) “requires plaintiff to plead scienter with respect to those individuals who actually made the false statements.”


Second Circuit reaffirms continued use of the "knowing possession" causation standard in Rajaratnam insider trading case
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 28 2013

In United States v. Rajaratnam, No. 11-4416-CR, 2013 U.S. App. LEXIS 12885 (2d Cir. June 24, 2013), the United States Court of Appeals for the Second


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