NEXT
Sign in to follow

New York Law Journal

Federal Judge Grants Sweeping Suppression Motion in Wey Fraud Case

A Manhattan federal judge granted a sweeping suppression motion in the government's fraud case against financier Benjamin Wey Tuesday, siding with the defendant over Fourth Amendment concerns in a significant setback to federal prosecutors.
4 minute read

National Law Journal

Ex-SEC Chair's Chief Legal Adviser Liftik Joins Quinn Emanuel

As partner, Michael Liftik will focus on government and internal investigations, regulatory enforcement defense, securities litigation and cybersecurity.
2 minute read

New York Law Journal

Judge Questions Delays in SEC Disgorgement Case

Southern District Judge Kenneth Karas was "perplexed" by a defendant's failure to comply with court-ordered disgorgement calculations, he said in a ruling last week.
2 minute read

New York Law Journal

Exchange Takes on Big Banks in Latest Litigation Over Credit Default Swaps

An antitrust suit filed in the Southern District Thursday seeks to push major financial institutions toward greater transparency in the credit default swap market, potentially opening the door to more investor litigation in the space.
10 minute read

New York Law Journal

Supreme Court Ruling Set to Shake Up SEC Enforcement Landscape

Both regulators and financial litigators can expect to see cases moving rapidly through the courts in the wake of the U.S. Supreme Court's decision in Kokesh v. Securities and Exchange Commission, observers say.
13 minute read

New York Law Journal

Circuit, Quickly but Narrowly, Rejects Novel Insider Trading Theory

The U.S. Court of Appeals for the Second Circuit took little time ruling in favor of defendant Morgan Stanley on Tuesday, in a case that sought to test the circuit's insider trading precedent.
22 minute read

New York Law Journal

U.S. Supreme Court Limits Disgorgement Claims to Five Years

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.
4 minute read

The Recorder

Kokesh v. Securities and Exchange Commission

U.S. Sup. Ct.; 16–529 The Securities and Exchange Commission (SEC or Commission) possesses authority to investigate violations of federal securities…
9 minute read

The Legal Intelligencer

Are Item 303 Omissions Actionable Under Rule 10b-5?

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).
7 minute read

National Law Journal

Supreme Court Clips the Wings of SEC Enforcement

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.
9 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • Aligning Client Needs with Lawyer Growth and Profitability

    Brought to you by BigHand

    Download Now

  • Technology to Make E-Discovery Smarter, Not Harder

    Brought to you by Nuix

    Download Now

  • Does Generative AI Have the Power to Transform Legal Services?

    Brought to you by HaystackID

    Download Now

  • How This Personal Injury Firm Reduced Client Intake Time by 80%

    Brought to you by PracticePanther

    Download Now