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It didn't take long for News Corp. and its independent directors to round up some of the top white-collar, internal investigations, and Foreign Corrupt Practices Act lawyers in the country.
For Ex-WorldCom Chief, a Painless Settlement
Florida socialite and former WorldCom chairman John A. Porter is one of 10 former board members of the telecommunications giant who agreed last week to pay a total of $18 million out of their own pockets as part of a settlement with WorldCom investors who claim they were bilked by accounting fraud. However, Porter, who once boasted a $700 million stock portfolio but filed for personal bankruptcy last May, may not have to pay a penny himself.Wall Street critics were pleased to see JPMorgan admit that a breakdown in controls and leadership caused the losses, but the SEC still came under fire over fine print in the admissions and for letting high-ranking execs off the hook.
We've long known that securities class actions have gone global. But a new report by the RiskMetrics Group, which can be accessed here (subscription required), attempts to quantify just how much. For example, from 1996 through 2007, it counts 234 times that an international institutional investor has sought to be named lead plaintiff. The study also notes that in every year since 2002, international investors have filed motions to become lead plaintiff in more then 5 percent of all new federal securities class actions.
The W&C partner and "lawyer's lawyer" won a Second Circuit ruling for Mayer Brown that confers broad protection for law firms named in securities fraud suits.
New Waste Management GC Inherits Shareholder Suits
When Lawrence O'Donnell III moved into the general counsel office at Houston's Waste Management Inc., he inherited a company with a struggling stock price, an accumulation of shareholder suits alleging insider trading and some serious fraud litigation. That's not to mention an investigation by the Securities and Exchange Commission and an in-house probe led by a board member who used to head the SEC. O'Donnell says he took the job because of the challenges. "I see it all as an opportunity."We're beginning to reap the consequences of the sweeping Lehman examiner's report. Plaintiffs in a long-pending securities class action have now filed an amended complaint that adds allegations about Lehman's now-infamous Repo 105 balance sheet asset transfers--and adds Lehman's auditor, Ernst & Young, as a defendant.
Manhattan federal judge Kevin Castel dismissed claims relating to BofA's decision to keep mum about mounting Merrill losses, but he said investors had adequately established scienter with regard to BofA's failure to disclose a multibillion dollar Merrill bonus pool.
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