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Cohen v. Viray, 08-3860-cv
Publication Date: 2010-10-01
Practice Area: Business Law
Industry:
Court: U.S. District Court, Southern District
Judge: Before: Hall, Livingston, and Chin,* C.JJ.
Attorneys:
For plaintiff: GARY D. SESSER (William F. Sondericker, Laura Anne Reeds, and Christopher J. Young, on the brief), Carter Ledyard & Milburn LLP, New York, New York, for Intervenor-Appellant D. David Cohen. THOMAS G. AMON, Law Offices of Thomas G. Amon, New York, New York, and Brian J. Robbins, and Gregory E. Del Gaizo, on the brief, Robbins Umeda LLP, San Diego, California, for Plaintiff-Appellee Alvin Viray, Derivatively on Behalf of DHB Industries, Inc.
For defendant: ERIC RIEDER (David P. Kasakove and Chris M. LaRocco, of counsel, on the brief), Bryan Cave LLP, New York, New York, for Defendant-Appellee DHB Industries, Inc., now known as Point Blank Solutions, Inc.. MARK HOLLAND (Mary K. Dulka, on the brief), Goodwin Procter LLP, New York, New York, for Defendants-Appellees Barry Berkman, Cary Chasin, Gary Nadelman, and Jerome Krantz. JEROME GOTKIN, Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York, New York, for Defendant-Appellee David H. Brooks. STEVEN G. KOBRE (Francisco J. Navarro, on the brief), Kobre & Kim LLP, New York, New York, for Defendant-Appellee Dawn M. Schlegel. RACHEL PENSKI, Milbank, Tweed, Hadley & McCloy LLP, New York, New York, for Defendants-Appellees David Brooks International, Inc., Elizabeth Brooks International, Inc., and Andrew Brooks International, Inc.
Case number: 08-3860-cv

Cite as: Cohen v. Viray, 08-3860-cv, NYLJ 1202472745889, at *1 (2d Cir, Decided September 30, 2010)Before: Hall, Livingston, and Chin,* C.JJ.p class="decid

Trial Set to Begin in Investor Challenge to BankAtlantic-BB&T Deal
Publication Date: 2012-01-25
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A group of investors are hoping to persuade a Delaware Chancery Court judge to block BankAtlantic's proposed sale of $2.1 billion in loans and $3.3 billion in deposits to BB&T. The trial promises to be a big test for BankAtlantic counsel Eugene Stearns of Stearns Weaver Miller Weissler Alhadeff & Sitterson, who's also defending the bank against newly-filed SEC fraud charges.

March 30, 2010 |

Supreme Court Justices Hostile to 'Foreign-Cubed' Cases

U.S. Supreme Court justices appeared hostile on Monday toward so-called "foreign-cubed" securities fraud class actions in which the plaintiffs and stock issuers are foreign and the alleged fraud took place on foreign soil. International companies and foreign governments including France, the United Kingdom and Australia filed briefs in the case arguing against jurisdiction in the U.S. for such suits, expressing concern that U.S. courts will interfere with the policy choices they have made in regulating securities.
4 minute read
March 29, 2010 |

Justices hostile to foreign-cubed cases

U.S. Supreme Court justices appeared hostile on Monday toward so-called "foreign-cubed" securities fraud class actions in which the plaintiffs and stock issuers are foreign and the alleged fraud took place on foreign soil.
4 minute read
October 29, 2009 |

Solicitor General, SEC Urge Supreme Court Not to Take 'F-Cubed' Case

In June, when the U.S. Supreme Court asked Solicitor General Elena Kagan to weigh in on the 2nd Circuit's precedent-setting "F-cubed" ruling in Morrison v. National Australia Bank, it looked like the high court was getting securities litigation fever. Just days before, it had decided to take on Merck v. Reynolds, which raised the issue of how the statute of limitations should apply in shareholder cases. But in a brief filed Tuesday, the SG seems to be trying to cool the Court's ardor.
2 minute read
January 11, 2010 |

Regulatory Reform

In this Special Section from the New York Law Journal: "With or Without Congress," "Continuing Prominence Seen For Whistleblowers" and "Reining in the Credit Ratings Industry."
3 minute read
March 22, 2010 |

Docket Watch

The following cases are scheduled before the U.S. Supreme Court in the next two weeks. Docket Watch appears before each argument cycle when the high court hears cases.
5 minute read
Cohen v. Viray, 08-3860-cv
Publication Date: 2010-10-01
Practice Area: Business Law
Industry:
Court: U.S. District Court, Southern District
Judge: Before: Hall, Livingston, and Chin,* C.JJ.
Attorneys:
For plaintiff: GARY D. SESSER (William F. Sondericker, Laura Anne Reeds, and Christopher J. Young, on the brief), Carter Ledyard & Milburn LLP, New York, New York, for Intervenor-Appellant D. David Cohen. THOMAS G. AMON, Law Offices of Thomas G. Amon, New York, New York, and Brian J. Robbins, and Gregory E. Del Gaizo, on the brief, Robbins Umeda LLP, San Diego, California, for Plaintiff-Appellee Alvin Viray, Derivatively on Behalf of DHB Industries, Inc.
For defendant: ERIC RIEDER (David P. Kasakove and Chris M. LaRocco, of counsel, on the brief), Bryan Cave LLP, New York, New York, for Defendant-Appellee DHB Industries, Inc., now known as Point Blank Solutions, Inc.. MARK HOLLAND (Mary K. Dulka, on the brief), Goodwin Procter LLP, New York, New York, for Defendants-Appellees Barry Berkman, Cary Chasin, Gary Nadelman, and Jerome Krantz. JEROME GOTKIN, Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York, New York, for Defendant-Appellee David H. Brooks. STEVEN G. KOBRE (Francisco J. Navarro, on the brief), Kobre & Kim LLP, New York, New York, for Defendant-Appellee Dawn M. Schlegel. RACHEL PENSKI, Milbank, Tweed, Hadley & McCloy LLP, New York, New York, for Defendants-Appellees David Brooks International, Inc., Elizabeth Brooks International, Inc., and Andrew Brooks International, Inc.
Case number: 08-3860-cv

Cite as: Cohen v. Viray, 08-3860-cv, NYLJ 1202472745889, at *1 (2d Cir, Decided September 30, 2010)Before: Hall, Livingston, and Chin,* C.JJ.p class="decid

May 21, 2010 |

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