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Results: 1-10 of 67

Court grants Daubert motion, excluding loss causation and damages opinions of plaintiffs’ expert
  • Alston & Bird LLP
  • USA
  • July 11 2008

In a recent decision, In re Xcelera.com Securities Litigation, No. 00-11649 (D. Mass. Apr. 25, 2008), Judge D.J. Zobel of the United States District Court for the District of Massachusetts was called upon to assess the testimony of a putative expert witness, Dr. Scott Hakala, tendered by the plaintiffs in a pending securities fraud class action


First FCPA enforcement action of the year highlights government focus on high-risk industries and countries
  • Alston & Bird LLP
  • USA
  • March 8 2013

In the first Foreign Corrupt Practices Act (FCPA) enforcement action of the year, the Securities and Exchange Commission (SEC) announced on February


SEC adopts Final Rules and guidance defining “security-based swap dealer” and “major security-based swap participant” in cross-border transactions
  • Alston & Bird LLP
  • USA
  • July 23 2014

On June 25, 2014, the Securities and Exchange Commission (SEC) adopted the first of a series of rules on cross-border security-based swap activities


Supreme Court to clarify “inquiry notice” standard for securities fraud statute of limitations
  • Alston & Bird LLP
  • USA
  • July 7 2009

Last month, the Supreme Court granted certiorari to clarify the much-litigated issue of when plaintiffs are deemed to have "inquiry notice" of their claims sufficient to trigger running of the statute of limitations for federal securities fraud claims


Court dismisses securities fraud suit after finding that company did not have a duty to disclose internal information on weak sales
  • Alston & Bird LLP
  • USA
  • June 8 2009

The Southern District of New York recently dismissed a putative securities fraud class action complaint predicated on a company’s alleged failure to disclose certain internal sales information


Court rejects proposed class representative for inadequate knowledge of the litigation
  • Alston & Bird LLP
  • USA
  • August 15 2008

The court in In re Monster Worldwide, Inc. Securities Litigation, No. 07 Civ. 2237, 2008 WL 2721806 (S.D.N.Y. July 14, 2008), rejected as insufficient a proposed class representative due to “inadequate familiarity with, and concern for, the litigation.”


Second Circuit rules that state law consumer fraud class action brought by holders of debt securities was properly removed under CAFA
  • Alston & Bird LLP
  • USA
  • May 30 2008

In the recent decision, Pew v. Cardarelli, No. 06-5703-MV, 2008 WL 2042809, at 1 (2d Cir. May 13, 2008), the Second Circuit Court of Appeals held that a putative state law consumer fraud class action brought by the holders of certain debt instruments was properly removed to federal court under the Class Action Fairness Act of 2005 (“CAFA”), Pub.L. No. 109-2, 119 Stat. 4


Three former employees of direct access partners plead guilty to FCPA and related charges
  • Alston & Bird LLP
  • USA
  • September 9 2013

On August 30, the Justice Department announced that three former employees of a New York-based broker-dealer, Direct Access Partners (DAP), entered


Halliburton case could affect consumer class actions
  • Alston & Bird LLP
  • USA
  • March 5 2014

In an article published in the fall of 2013, we examined certain class actions filed against Anheuser-Busch In Bev in which plaintiffs accuse the


How hedge funds and private equity firms can manage Foreign Corrupt Practices Act risks
  • Alston & Bird LLP
  • USA
  • March 27 2013

In recent years, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have aggressively investigated and enforced both