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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
June 02, 2020 | New York Law Journal

#MeToo and Securities Fraud: Lessons From the 'CBS' Case

It is difficult to imagine a stranger juxtaposition than the #MeToo movement and federal securities law. The paramount goal of each is to right egregious, albeit different, wrongs, which may explain why they came together in 'Construction Laborers Pension Trust for Southern California v. CBS'. This case provides a cogent exposition of the maxims of pleading securities fraud, specifically in the context of supposed misstatements with regard to corporate ethics.
8 minute read
May 22, 2020 | National Law Journal

Pandemic-Induced Stock-Drop Litigation Is Coming. Is Your Team Ready?

As we've learned from past crises, the question isn't whether stock-drop litigation claims are coming—they are. So what can companies do to prepare for this issue and address it head-on?
5 minute read
May 11, 2020 | New York Law Journal

Open Questions After the Landmark Decision in 'Salzberg'

In 'Salzberg v. Sciabacucchi', the Delaware Supreme Court upheld the validity of provisions in a Delaware corporation's certificate of incorporation that require shareholders of that corporation to sue in federal, rather than state court over alleged violations of the Securities Act of 1933. This article explores what the 'Salzberg' decision resolved and what still remains an open question.
6 minute read
March 26, 2020 | New York Law Journal

COVID-19 and Congressional Trading on Nonpublic Information

With recent headlines focused on allegations of insider trading in the Senate, Eric Creizman analyzes insider trading law with respect to the senators' stock sales and discusses the challenges prosecutors might have in proving certain elements of an insider trading offense.
11 minute read
March 24, 2020 | Texas Lawyer

Insights from First Securities Fraud Class-Action Suit Against a Drug Manufacturer Developing a COVID-19 Vaccine

The claims made in McDermid, et al. v. Inovio Pharmaceuticals, Inc., et al., No. 2:20-cv-01402-GJP (E.D. Pa., filed March 12, 2020), a securities…
6 minute read
March 18, 2020 | New York Law Journal

A Short Primer on the New Law of Insider Trading

In his Corporate Securities column, John C. Coffee Jr. writes: Practitioners, listen up! You need to unlearn much of what you think you know about the law of insider trading. That law is changing—and quickly. In addition, new legislation has passed the House by an overwhelming margin and could conceivably pass the Senate this year.
12 minute read
March 18, 2020 | Litigation Daily

A Short Primer on the Changing Law of Insider Trading

In his Corporate Securities column, John C. Coffee Jr. writes: Practitioners, listen up! You need to unlearn much of what you think you know about the law of insider trading. That law is changing—and quickly. In addition, new legislation has passed the House by an overwhelming margin and could conceivably pass the Senate this year.
12 minute read
January 28, 2020 | New York Law Journal

Personal Benefit in Title 18 Insider Trading Cases

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's recent decision in 'United States v. Blaszczak', which significantly expanded insider trading enforcement authority.
9 minute read
January 10, 2020 | New York Law Journal

Reexamining 'Scheme Liability' After 'Lorenzo'

'Malouf' was the first foray by a federal court of appeals into "scheme liability" post-'Lorenzo', but the case involved a highly unusual fact pattern. Although the Tenth Circuit appeared to take a broad view of 'Lorenzo', lower courts and litigants should be careful not to overread the decision.
8 minute read

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