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December 09, 2020 | New York Law Journal

Days Seem Numbered for Circuit's Controversial Insider Trading Decision

Days before Thanksgiving, the United States Solicitor General's office responded to defendants' petitions for certiorari in 'Blaszczak'. The government agreed that the Supreme Court should vacate the Second Circuit's decision, and suggested a remand for further consideration in light of an intervening decision in 'Kelly v. United States'. The significant issues the certiorari petitions present in two critical areas of white-collar criminal doctrine are worthy of practitioners' attention and are addressed by White-Collar Crime columnists Robert J. Anello and Richard F. Albert.
13 minute read
November 25, 2020 | New York Law Journal

Insider Trading on Government Information

This article discusses recent events giving rise to concerns about insider trading, the scope of insider-trading laws as they apply to government officials and alleged tippees, and whether the change in administration is likely to result in a greater focus on insider trading based on government information.
9 minute read
October 08, 2020 | New York Law Journal

'In re Tesla,' Tweets, and Securities Fraud

Social media is like fire: beneficial when employed wisely, capable of great harm if wielded recklessly. The truth of the latter was recently proven by 'In re Tesla, Inc. Securities Litigation,' discussed here.
9 minute read
October 05, 2020 | Legaltech News

LexisNexis Aiming for '360-View' of M&A With New Analytics Solution

LexisNexis launched a new M&A-focused research tool called Market Standards in Practical Guidance. The solution uses AI-powered machine learning to help attorneys navigate a database of publicly filed transactions to provide insights for future briefs or even competitive intelligence.
3 minute read
September 16, 2020 | Corporate Counsel

How Public Companies Can Protect Against SEC Scrutiny Related to COVID-19

All public companies must consider the anticipated scrutiny they will receive from the U.S. Securities and Exchange Commission and the possible risk they face from SEC Enforcement if they do not proceed with caution.
6 minute read
September 11, 2020 | New York Law Journal

Particularized Pleading of Underlying Illegal Acts in the Second Circuit

A discussion of the Second Circuit securities case, 'Gamm v. Sanderson Farms' which provides companies responding to allegations of securities fraud based on failure to disclose illegal conduct ammunition to support a motion to dismiss.
8 minute read
August 27, 2020 | New York Law Journal

Cannabis Securities Action Found Half Baked

Justice Barry Ostrager of the New York County Supreme Court granted a motion to dismiss a proposed securities class action against Sundial Growers, Inc. (Sundial), a Canadian cannabis producer. This decision provides the first glimpse at how the recent spate of cannabis securities litigation may play out, writes Chris Gismondi and Caryn Schechtman.
8 minute read
August 26, 2020 | New York Law Journal

The Broad Impact of the Supreme Court's 'Lorenzo' Decision

One year on from the U.S. Supreme Court's surprising 'Lorenzo' decision, lower courts have embraced both its main holding as well as the decision's more expansive view of fraud under Rule 10b5.
8 minute read
August 25, 2020 | New York Law Journal

Are We There Yet? The Latest Attempt at an Insider Trading Statute

Spurred on by the problems encountered by the SEC, DOJ, and many courts, in December 2019, the U.S. House of Representatives passed a bill with strong bi-partisan support explicitly banning insider trading and providing greater enforcement authority to the SEC and DOJ.
9 minute read
August 10, 2020 | New York Law Journal

Unintended Consequences: 10 Years of Rent Overcharge Reversals (Part 3)

The final article in this series examines unpredictable Court of Appeals rulings on New York City's residential property management industry in the context of the financial sector; specifically the portion that deals in real estate-backed securities.
8 minute read

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