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New York Law Journal

Ex-Banker Defends Sharing Information on Mergers With Dad

During several hours of direct-examination testimony Thursday, Sean Stewart made a high-stakes bid to convince a federal jury that he had only mentioned the names of health care companies involved in pre-merger activity during natural father-son conversations and never with the intent to commit insider trading.
7 minute read

The Recorder

LeapFrog Beats Back Shareholder Suit

U.S. District Judge Edward Chen said statements targeted by plaintiffs lawyers were "too vague" to support securities fraud claims.
11 minute read

Litigation Daily

Lateral Report: Securities, Employment Litigators Bust a Move

Securities, white collar defense and employment litigators are sizzling this summer. Here are The Lit Daily's picks for 10 of the most notable lateral litigator moves in the past month.
86 minute read

New York Law Journal

Grant & Eisenhofer Loses Bid for $1M in Fees From Fannie Mae Litigation

After the new lead counsel in Fannie Mae securities litigation and the Ohio attorney general refused to honor the fee agreement between Bernstein Liebhard and the former lead counsel on the ground it was unenforceable, Grant & Eisenhofer, which served as of counsel to Bernstein, received only $324,995 in fees.
6 minute read

New York Law Journal

Crowdfunding Financial Disclosures and Reporting Obligations

In his Real Estate Securities column, Peter M. Fass continues a discussion of the crowdfunding rules pursuant to Securities Act of 1933, Section 4(a)(6), focusing on the financial disclosures and ongoing reporting obligations associated with crowdfunding.
19 minute read

The Legal Intelligencer

SEC's Radar is on Non-GAAP Financial Measures

If you have been reading financial ­newspapers recently, you are bound to have come across articles about the Securities and Exchange Commission's (SEC) renewed focus on the use of ­non-GAAP financial measures in public ­disclosures. The Wall Street Journal recently reported that only 5.7 percent of ­companies in the S&P 500 index reported 2015 financials using solely GAAP measures. According to research firm Audit Analytics, this figure was 25 percent in 2006. The SEC's concern with the prevalent presentation and misleading use of non-GAAP financial measures was summed up by SEC Chairman Mary Jo White at a Senate hearing where she was quoted saying: "In too many cases, the non-GAAP information, which is meant to supplement the GAAP information, has become the key message to investors, crowding out and effectively supplanting the GAAP presentation." As promised, the SEC has continued to scrutinize non-GAAP disclosures and, in May 2016, issued formal guidance on this topic.
14 minute read

New York Law Journal

Gauquie v. Albany Molecular Research, Inc.

By | August 01, 2016
Securities Fraud Class Suit Related to Drug Firm's Acquisition Survives Dismissal Bid
3 minute read

Texas Lawyer

Let The Games Begin

Did geographical distance, or the dazzle of his roster of professional baseball and football playing clients--including former New York Jets quarterback Mark Sanchez, San Francisco Giants' Jake Peavy, and former Texas Rangers' Roy Oswalt—allow an investment advisor to hide from his management for more than half a decade an alleged pyramid scheme?
9 minute read

New Jersey Law Journal

The Startup Lifecycle: Protecting Intellectual Property

Following a fictional biotech startup through the stage where it protects its intellectual property.
11 minute read

New York Law Journal

Path Cleared for Opt-Out Investor Lawsuit Against Bear Stearns

Judge Robert Sweet ruled Monday that key factual questions remain with regard to allegations that the investment bank lied about its financial health before its 2008 collapse.
3 minute read

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