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Results: 1-10 of 191

The Benefit of the Doubt: SEC Scores an Insider Trading Win Despite Newman’s Personal Benefit Requirement
  • 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


Ninth Circuit declines application of loss causation principles in Dura Pharmaceuticals in connection with criminal securities fraud
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 9 2009

In United States v. Berger, No. 08-50171, 2009 WL 4141478 (9th Cir. Nov. 30, 2009), a three-judge panel of the United States Court of Appeals for the Ninth Circuit declined to apply loss causation principles in civil securities fraud litigation established by the United States Supreme Court in Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336, 342-48 (2005), in connection with the sentencing of a defendant in a criminal securities fraud prosecution


Second Circuit limits “tippee” insider trading liability
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 11 2014

In United States v. Newman, No. 13-1837 (2d Cir. Dec. 10, 2014), the United States Court of Appeals for the Second Circuit reversed the 2013


United States Supreme Court limits scope of federal criminal "honest services" fraud statute
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 30 2010

In Skilling v United States, 2010 WL 2518587 (US Jun 24, 2010), the United States Supreme Court significantly limited the scope of a criminal statute used frequently by federal prosecutors to criminalize a wide range of behavior by business executives and public officials


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


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


In re TOUSA: District Court reverses bankruptcy court's order requiring lenders to disgorge $480 million as fraudulent transfer
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 5 2011

On February 11, 2011, the Hon Alan Gold of the United States District Court for the Southern District of Florida issued a 113 page opinion and order quashing the bankruptcy court's order requiring the lenders involved in TOUSA, Inc.'s Transeastern joint venture to disgorge, as fraudulent transfers under Section 548 of the Bankruptcy Code, settlement monies that they had received on July 31, 2007 in repayment of their existing debt and to pay prejudgment interest on such monies, for a total disgorgement in excess of $480 million


Ninth Circuit reverses dismissal of securities fraud complaint on loss causation grounds despite three-month delay between corrective disclosure and market reaction
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 22 2008

In In re Gilead Sciences Securities Litigation, 536 F.3d 1049 (9th Cir. 2008), a three-judge panel of the United States Court of Appeals for the Ninth Circuit reversed the dismissal of a securities fraud complaint that the district court had held failed to plead loss causation due to the passage of time between the disclosure of the alleged fraud and the drop in the company’s stock price


Add importers to those facing expanding whistleblower claims under the False Claims Act
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 24 2015

On February 12, 2015, the Department of Justice (“DOJ”) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a