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SEC Suffers Loss in Tilton Matter: Is the Commission Losing its Home Court Advantage?

USA - October 5 2017 Since the passage of the Dodd-Frank Act in 2010, the securities defense bar has voiced concern that the Securities and Exchange Commission (SEC)...

David Choi, Mark A. Kornfeld.


Co-Investment: How Private Equity Firms Can Protect Themselves and Still Make Their Investors Happy

USA - August 21 2017 Co-investment is a major topic in the private equity industry these days. General partners of private equity funds are faced with more and more...


Securities and Governance Update - June 28, 2017

USA - June 28 2017 Many public companies have held, or will hold, their second “say-on-pay frequency” vote at their 2017 annual shareholders’ meeting. Companies...

Molly H. Tranbaugh, Jason K. Zachary, Alissa K. Lugo, Jeffrey E. Decker, Suzanne K. Hanselman.


Tenth Circuit Creates Circuit Split on the Constitutionality of SEC Administrative Law Judges

USA - January 11 2017 On December 27, 2016, a divided panel of the Tenth Circuit Court of Appeals found the SEC’s use of administrative law judges (“ALJs”)...

David Choi, Mark A. Kornfeld.


District court follows Supreme Court’s lead in Halliburton, allows class action to proceed with narrowed factual scope

USA - July 31 2015 Applying the Supreme Court's landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) ("Halliburton II"), which...

Deborah H. Renner, David M. McMillan.