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New York Law Journal

Youngers v. Virtus Investment Partners Inc.

By | January 12, 2017
Denial of Interlocutory Appeal of Ruling Investors Pleaded Loss Causation Explained
3 minute read

New York Law Journal

Cortina v. Anavex Life Sciences Corp.

By | January 09, 2017
Scienter, Misrepresentaitons Not Shown in Suit Charging Firm, Executives With Securities Fraud
3 minute read

Corporate Counsel

Report Cites Global Growth of NPAs/DPAs

After enacting a new law in December following heated debate, France is finally ready this year to apply its version of a deferred prosecution agreement (DPA) program for corporate misconduct. And the United Kingdom in July reached its second DPA, this one with a subsidiary of an unnamed U.S. company.
9 minute read

New York Law Journal

SEC's 'Obey-the-Law' Injunction: Is it Ever Possible to Vacate?

Fox Rothschild partner Ernest Edward Badway writes that "obey-the-law" injunctions, favored by regulators such as the SEC, are incredibly powerful devices that create an albatross hanging over the head of any defendant subjected to them. But when they are no longer equitable due to changes in decisional law, factual circumstances, or the passage of time, a court in its discretion may vacate such a permanent injunction.
23 minute read

Litigation Daily

Litigators of the Week: Stamina Pays for David Boies and Carl Goldfarb in 14-year fight

After 14 years and two trips to the U.S. Supreme Court, Boies, Schiler & Flexner partners David Boies and Carl Goldfarb secured a $100 million settlement from Halliburton.
15 minute read

New York Law Journal

Securities and Exchange Commission v. Cope

By | January 05, 2017
Freeze Order's Lift to Pay Attorneys' Fees, $25,000 for Living Expenses Is Explained
3 minute read

The American Lawyer

Securities Defense Bar Praises Trump's S&C Pick for SEC

Jay Clayton, President-elect Donald Trump's nominee to lead the U.S. Securities and Exchange Commission, is hardly a high-profile figure outside the Wall Street deal-making circles in which he's made his career. Unlike outgoing SEC Chairwoman Mary Jo White, Clayton, a partner at Sullivan & Cromwell, is not a litigator or a member of the white-collar defense bar.
26 minute read

The American Lawyer

Securities Defense Bar Praises Trump SEC Pick

In the hours after Donald Trump tapped Sullivan & Cromwell dealmaker Jay Clayton to lead the SEC, securities litigators and others said he could usher in a new era for the agency.
26 minute read

National Law Journal

SEC Should Have Gone 'Chasing Waterfalls,' D.C. Judge Says

The R&B trio TLC warned against "chasing waterfalls" in the group's hit 1990s song. The U.S. Securities and Exchange Commission, a Washington judge says, took too literally that "immortal admonition." U.S District Judge James Boasberg's ruling, in a dispute over the distribution of settlement funds, features, yes, a waterfall. He instructed the agency to go talk with the IRS before presenting the plan to the court again.
6 minute read

New York Law Journal

Judge Slashes $10M in Fees Over Firm's Use of Temporary Associates

Criticizing a plaintiffs firm for hiring temporary associates for routine document review—but billing as if normal staff associates did the work—a New York federal judge has cut $10.3 million off a fee request in a settlement of a mortgage-backed securities case against Bank of America Corp.
15 minute read

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