Similar to class actions generally, exploring ethics issues in securities class action litigation (specifically fee-splitting), and how that affects settlement value for plaintiff investors
By Bill Maguire, Sarah Cave and Ken Katz | June 6, 2017
Bill Maguire, Sarah Cave and Ken Katz discuss the U.S. Supreme Court's decision this week that resolved a circuit split over whether the five-year statute of limitations that applies to any "action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise," covers claims for disgorgement imposed as a sanction for violating a federal securities law.
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By therecorder | The Recorder | June 5, 2017
U.S. Sup. Ct.; 16–529 The Securities and Exchange Commission (SEC or Commission) possesses authority to investigate violations of federal securities…
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By Robert L. Hickok and Gay Parks Rainville | June 5, 2017
During its October term this year, the U.S. Supreme Court will hear argument in Leidos v. Indiana Public Retirement System, No. 16-581, on an important federal securities fraud issue: Whether a publicly held company's omission of "known trends and uncertainties" in its annual or interim reports, as required by Item 303 of Securities Exchange Commission (SEC) Regulation S-K, can give rise to a private securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 (Rule 10-5).
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By Tony Mauro | June 5, 2017
A unanimous court ruled that the commission's disgorgement orders imposed on fraudsters amounted to a penalty and as such, must meet a five-year statute of limitations.
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By B. Colby Hamilton | June 2, 2017
A investor with the convicted fraudster Bernard L. Madoff was turned back in his argument that the withdrawal and re-investment of $7 million shouldn't be subject to the clawback action being pursued by the Securities Investor Protection Act-appointed trustee Irving Picard in a partial summary judgment order handed down by Southern District Bankruptcy Judge Stuart M. Bernstein on Thursday.
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By newyorklawjournal | New York Law Journal | May 26, 2017
Dodd-Frank Claim Over Firm's Accounting Practices Violating Sarbanes-Oxley Survives
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By Cogan Schneier | May 24, 2017
An en banc panel of the U.S. Court of Appeals for the D.C. Circuit must decide whether the way SEC administrative law judges are hired is unconstitutional.
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By Jenna Greene | May 19, 2017
It was a one-two punch for Simpson Thacher & Bartlett litigator Joseph McLaughlin, who racked up a pair of wins this week.
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By Mike Scarcella | May 19, 2017
Escape the daily flood of Trump news dominating the Washington headlines with this roundup of big regulatory developments. Zillow is facing CFPB scrutiny, Amazon mulls a pharmaceuticals play, Democratic state AGs move to defend a key part of Obamacare, and the SEC is boosting its ranks in new hires from Big Law. And here's a story about ducks at the U.S. Capitol.
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By Katelyn Polantz | May 16, 2017
The U.S. Securities and Exchange Commission has staffed up with five Big Law alumni, including a rainmaker at Willkie Farr & Gallagher in New York.
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