Similar to class actions generally, exploring ethics issues in securities class action litigation (specifically fee-splitting), and how that affects settlement value for plaintiff investors
By Melanie Waddell, ThinkAdvisor | June 13, 2017
As partner, Michael Liftik will focus on government and internal investigations, regulatory enforcement defense, securities litigation and cybersecurity.
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By B. Colby Hamilton | June 12, 2017
Southern District Judge Kenneth Karas was "perplexed" by a defendant's failure to comply with court-ordered disgorgement calculations, he said in a ruling last week.
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By B. Colby Hamilton | June 9, 2017
An antitrust suit filed in the Southern District Thursday seeks to push major financial institutions toward greater transparency in the credit default swap market, potentially opening the door to more investor litigation in the space.
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By B. Colby Hamilton | June 8, 2017
Both regulators and financial litigators can expect to see cases moving rapidly through the courts in the wake of the U.S. Supreme Court's decision in Kokesh v. Securities and Exchange Commission, observers say.
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By B. Colby Hamilton | June 6, 2017
The U.S. Court of Appeals for the Second Circuit took little time ruling in favor of defendant Morgan Stanley on Tuesday, in a case that sought to test the circuit's insider trading precedent.
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By Bill Maguire, Sarah Cave and Ken Katz | June 6, 2017
Bill Maguire, Sarah Cave and Ken Katz discuss the U.S. Supreme Court's decision this week that resolved a circuit split over whether the five-year statute of limitations that applies to any "action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise," covers claims for disgorgement imposed as a sanction for violating a federal securities law.
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By therecorder | The Recorder | June 5, 2017
U.S. Sup. Ct.; 16–529 The Securities and Exchange Commission (SEC or Commission) possesses authority to investigate violations of federal securities…
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By Robert L. Hickok and Gay Parks Rainville | June 5, 2017
During its October term this year, the U.S. Supreme Court will hear argument in Leidos v. Indiana Public Retirement System, No. 16-581, on an important federal securities fraud issue: Whether a publicly held company's omission of "known trends and uncertainties" in its annual or interim reports, as required by Item 303 of Securities Exchange Commission (SEC) Regulation S-K, can give rise to a private securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 (Rule 10-5).
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By Tony Mauro | June 5, 2017
A unanimous court ruled that the commission's disgorgement orders imposed on fraudsters amounted to a penalty and as such, must meet a five-year statute of limitations.
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By B. Colby Hamilton | June 2, 2017
A investor with the convicted fraudster Bernard L. Madoff was turned back in his argument that the withdrawal and re-investment of $7 million shouldn't be subject to the clawback action being pursued by the Securities Investor Protection Act-appointed trustee Irving Picard in a partial summary judgment order handed down by Southern District Bankruptcy Judge Stuart M. Bernstein on Thursday.
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