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The Fourth Circuit holds that the Supreme Court’s Janus decision does not apply to criminal prosecutions under rule 10b-5

USA - June 12 2014 On May 7, 2014, the Fourth Circuit held that the Supreme Court's decision in Janus Capital Group, Inc, v. First Derivative Traders, 131 S. Ct. 2296…

Michael K. Lowman

Second Circuit rejects “listing theory” in dismissing claims of foreign investors purchasing foreign securities on a foreign exchange

USA - June 12 2014 On May 6, 2014, the Second Circuit affirmed the dismissal of a securities class action brought by foreign investors in foreign-issued securities on a…

Michael K. Lowman

Court finds that statute of limitations divests court of jurisdiction to hear SEC’s untimely filed enforcement action

USA - June 12 2014 On May 12, 2014, the United Stated District Court for the Southern District of Florida held that the five year statute of limitations governing SEC…

Michael K. Lowman

Court finds that whistleblower is not required to report to SEC to receive protection under Dodd-Frank Act

USA - June 12 2014 On May 8, 2014, the United States District Court for Southern District of New York found that a former public company employee may proceed with her…

Michael K. Lowman

Court holds that “lock-up” agreements with company insiders do not form a group with IPO underwriters under Section 16

USA - June 12 2014 On May 2, 2014, the United States District Court for the Southern District of New York held that there is no liability under Section 16(b) of the…

Michael K. Lowman