Mark D Harris

December 13, 2016 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris examine a case in which a district court in Georgia dismissed one of the first shareholder derivative actions that challenged the adequacy of a corporation's data-breach prevention strategy. They note that while that court held that the business judgment rule shielded the company's actions, it remains to be seen whether that position becomes the majority one.

By Margaret A. Dale and Mark D. Harris

17 minute read

October 25, 2016 | New York Law Journal

Corporate and Securities Litigation columnists Margaret A. Dale and Mark D. Harris examine the effect of in 'In re Trulia, Inc. Stockholder Litigation' on "disclosure-only" settlements, in which the parties agreed to a broad release of claims against the companies in exchange for limited additional disclosures regarding the transaction. Shareholders do not receive any direct economic benefit from these types of settlements; the only money that changes hands is a fee paid to the plaintiffs' counsel in exchange for obtaining the supplemental disclosures. The article highlights several of the key decisions criticizing disclosure-only settlements and considers how the corporate bar may react.

By Margaret A. Dale and Mark D. Harris

21 minute read

August 09, 2016 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris discuss the SEC's final amended rules of practice before its administrative law judges, which critics maintain do not go far enough to level the playing field, nor to eliminate respondents' due process concerns.

By Margaret A. Dale and Mark D. Harris

20 minute read

June 08, 2016 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris, write: In Merrill Lynch v. Manning, the Supreme Court affirmed a Third Circuit decision holding that the test for federal jurisdiction under the exclusive jurisdiction provision of the Securities Exchange Act of 1934 is the same as for "arising under" jurisdiction under 28 U.S.C. §1331, the general federal-jurisdiction statute. The court was not asked to apply §1331, however, and so it left open the question of whether and when a state-law claim may "arise under" federal law.

By Margaret A. Dale and Mark D. Harris

11 minute read

April 13, 2016 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris write that given the increasingly heated debate generated by the issue of whether the statutory review process set forth in the Securities Exchange Act of 1934 precludes district-court jurisdiction over constitutional challenges to Dodd-Frank, some spectators were surprised when the Supreme Court denied certiorari in 'Bebo v. SEC'. In all events, the case has brought attention to some thorny jurisdictional and constitutional issues.

By Margaret A. Dale and Mark D. Harris

24 minute read

February 10, 2016 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris write: A few weeks ago, the U.S. Supreme Court agreed to review the Ninth Circuit's decision in 'United States v. Salman' on the question of what type of "personal benefit" to the corporate insider is necessary to establish a claim for insider trading. In all likelihood, the Supreme Court's decision will have a profound impact on future prosecutions of insider-trading cases.

By Margaret A. Dale and Mark D. Harris

10 minute read

August 24, 2015 | New York Law Journal

Mark D. Harris and John E. Roberts of Proskauer Rose discuss the practical and strategic issues that ought to be considered when filing a Rule 23(f) petition, and suggest approaches to improve the likelihood of securing or defeating interlocutory review.

By Mark D. Harris and John E. Roberts

11 minute read

August 22, 2015 | New York Law Journal

Mark D. Harris and John E. Roberts of Proskauer Rose discuss the practical and strategic issues that ought to be considered when filing a Rule 23(f) petition, and suggest approaches to improve the likelihood of securing or defeating interlocutory review.

By Mark D. Harris and John E. Roberts

11 minute read

August 07, 2014 | New Jersey Law Journal

A new type of challenge has been raised to plea agreements that include broad waivers covering Sixth Amendment claims—i.e., the right to effective assistance of counsel.

By Mark D. Harris and Samantha Springer

8 minute read

September 27, 2010 | National Law Journal

Such a move would permit thousands of men and women who were harshly sentenced long ago to benefit from lawmakers' enlightened perspectives.

By Harlan Protass and Mark D. Harris

4 minute read