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Dealing BNY's lawyers at Kellogg Huber a big pre-trial defeat, a judge gave prosecutors the green light to sue the bank under a powerful statute that's also been deployed recently to target banks over the financial crisis.
In case you were worried that the judge who won't sign off on the bank's proposed $33 million settlement with the SEC is allergic to all BofA deals, here's proof he isn't. This week Rakoff gave the green light to the $150 million securities class action settlement of a case BofA inherited when it acquired Merrill Lynch.
When Non-Clients Sue Professionals for Negligence
Karen Y. Bitar and Adam D. Cole, shareholders in Greenberg Traurig, review a recent First Department decision where the closely-divided panel determined that an engineering company that provided faulty mechanical specifications to its client, a condominium sponsor, to be incorporated into an offering plan, owed no duty to third parties who relied on the information in purchasing condominiums. The case has been appealed to the Court of Appeals, and may ultimately prove influential in a number of existing lawsuits against accountants and other professionals in which private feeder and hedge fund investors allege they were induced to purchase or hold investments relying on negligent audits and other misrepresentations.A Delaware Chancery Court judge approved a shareholder settlement over Quest Diagnostics's $344 million acquisition of Celera Corp., but not before recounting the "troubling" conduct of the lead plaintiff in the Celera case and other M&A suits.
AOL, DOJ Talks In Question in Microsoft Case
Microsoft Corp. attorneys on Friday grilled America Online Inc. chief executive Steve Case about how closely the company worked with the Justice Department last fall to keep merger negotiations between Netscape Communications Corp. and AOL secret at the height of the software giant's antitrust trial. At issue is a conversation between AOL's then-general counsel George Vradenburg III and David Boies, the government's lead attorney.Trending Stories
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