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New York Law Journal

Gould v. Moynihan

Board Well-Informed for Demand Refusal After Two Years of Regulatory Investigations
3 minute read

New York Law Journal

Other People's Money: SEC Disgorgement After 'Kokesh'

Daniel Walfish analyzes an important but little-discussed consequence of the SCOTUS decision 'Kokesh v. SEC.'
27 minute read

Litigation Daily

Shout-Out: Weil's $4 Billion Save

With $4 billion on the line, a team from Weil, Gotshal & Manges led by litigation department co-chair Jonathan Polkes scored a decisive summary judgment win on behalf of some of the biggest names in finance and real estate, beating back an investor class action that had been headed for trial.
10 minute read

New York Law Journal

Sports Radio Host Craig Carton Charged With Fraud in Ticket Scheme

Sports radio personality Craig Carton, co-host of WFAN's "Boomer and Carton in the Morning," was arrested Wednesday over allegations he misled investors in a ticket selling business in order to resolve gambling debts.
2 minute read

New York Law Journal

Backus v. U3 Advisors, Inc.

Share Repurchase Claim Denied; Stockholder Agreement Only Had Company Option
1 minute read

The Legal Intelligencer

High Court Restores Protection Intended by Securities Statute of Repose

In a landmark 5-4 ruling issued earlier this summer, the U.S. Supreme Court held that the filing of a putative class action does not toll the three-year ­statute of repose for opt-out claims brought under Section 11 of the Securities Act of 1933 (Securities Act), in California Public Employees' Retirement System v. ANZ Securities, 137 S. Ct. 2042 (2017). By refusing to apply the equitable tolling rule of American Pipe & Construction Co. v. Utah, 414 U. S. 538 (1974), to the Securities Act's statute of repose (Section 13 of the act), the court restored the statute's purpose to protect defendants "from an interminable threat of liability."
11 minute read

New York Law Journal

SEC Drops Securities Fraud Suit Against Benjamin Wey

The U.S. Securities and Exchange Commission announced Friday that it, too, was dropping its case against Wall Street financier Benjamin Wey, in the face of a sweeping evidence suppression order in the criminal suit against Wey.
5 minute read

New York Law Journal

Gross v. GFI Group, Inc.

FRCP 23 Satisfied Plaintiff Appointed Class Representative Despite Relation to Lead Counsel
2 minute read

New York Law Journal

Bid to Apply 'Honeycutt' to SEC Disgorgement Scuttled by Appellate Panel

A Second Circuit panel Tuesday said it wasn't swayed by arguments hoping to apply a recent U.S. Supreme Court decision limiting excessive forfeitures to a $52.5 million disgorgement won by the Securities and Exchange Commission.
5 minute read

The Recorder

Hampton v. Pacific Investment Management Company LLC

9th Cir.; 15-56841 The court of appeals affirmed in part and vacated in part a judgment and remanded. The court held that the dismissal of class action…
2 minute read

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