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March 14, 2023 | New York Law Journal

Rule 10b-5 Liability, Part 1: The Supreme Court and 'Janus'

The author's goal of his three-part series is to ultimately discuss the Second Circuit's recent Securities law landmark case, S.E.C. v. Rio Tinto. However, in order to discuss Rio Tinto, he believes it is important to first understand the Supreme Court landmark cases upon which Rio Tinto is based: Janus Capital Group, Inc. v. First Derivative Trader and S.E.C v. Lorenzo. Janus is discussed here in the first installment.
9 minute read
January 06, 2023 | New York Law Journal

Different Federal Court Approaches to Scheme Liability

A circuit split has emerged over the scope of Lorenzo's holding, which reflects a fundamental disagreement about the relationship between scheme liability and Rule 10b-5(b).
7 minute read
October 04, 2022 | New York Law Journal

Another Gibson Dunn Litigation Leader Jumps to King & Spalding

Mark Kirsch, who held leadership roles for Gibson Dunn's New York office and its litigation practice, said his move was independent of Randy Mastro's in August. 
3 minute read
October 03, 2022 | Daily Report Online

Another Gibson Dunn Litigation Leader Jumps to King & Spalding

Mark Kirsch, who held leadership roles for Gibson Dunn's New York office and its litigation practice, said his move was independent of Randy Mastro's in August. 
3 minute read
October 03, 2022 | The American Lawyer

Another Gibson Dunn Litigation Leader Jumps to King & Spalding

Mark Kirsch, who held leadership roles for Gibson Dunn's New York office and its litigation practice, said his move was independent of Randy Mastro's in August. 
3 minute read
August 30, 2022 | New York Law Journal

What Makes a Scheme?

A recent decision from the U.S. Court of Appeals for the Second Circuit has at least temporarily stifled the potential expansion of "scheme liability" under the federal securities laws.
7 minute read
August 17, 2022 | Corporate Counsel

Gold Mining Goliath Newmont Names New ESG Leader to Succeed GC-Turned Sustainability Chief

Industry veteran Peter Toth is stepping up to succeed Stephen Gottesfeld as chief strategy and sustainability officer.
2 minute read
July 26, 2022 | New York Law Journal

Alleging Scheme Liability in the Wake of 'Lorenzo'

As a result of its recent holding in 'Rio Tinto', the Second Circuit has preserved two main arguments for companies facing securities lawsuits under §10(b).
7 minute read
July 22, 2022 | Litigation Daily

Litigator of the Week Runners-Up and Shout Outs

Our first runners-up this week are lawyers at Korein Tillery and Pearson, Simon & Warshaw who reached a $185 million deal with Major League Baseball on behalf of current and former minor league baseball players in one of the largest-ever wage-and-hour class action settlements.
7 minute read
July 20, 2022 | Law.com

Compliance Hot Spots: DOJ Searches for New Anti-Money Laundering Head + Uber Settles in DOJ Discrimination Suit + Clifford Chance Reps Stephen King in Antitrust Trial

The Justice Department is searching for a new chief of its money laundering and asset recovery section amid a heightened focus on illicit activity involving Russia.
9 minute read

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