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Searching Content indexed under White Collar Crime, Anti-Corruption & Fraud by Daphne Morduchowitz ordered by Published Date Descending.
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Lit Alerts—September 2019
In Gemini Technologies, Inc. v. Smith & Wesson Corp., the Ninth Circuit held that a clause specifying Delaware as the forum for any disputes between the contracting parties was invalid
United States
10 Sep 2019
2
Supreme Court Determines That The SEC Can Assert Fraudulent Scheme Claims Even When The Janus Test Is Not Met
The SEC may also seek to test the limits of Lorenzo by pursuing claims against individuals who, like Lorenzo, disseminated untrue statements that they did not draft, but unlike Lorenzo, did not know that the information was false.
United States
3 Apr 2019
3
Supreme Court Hears Argument On SEC's Ability To Pursue Fraudulent Scheme Claims Where The Janus Test Is Not Met
On December 3, 2018, eight justices of the Supreme Court heard argument on whether a misstatement claim that does not meet the elements set forth in Janus Capital Group, Inc. v. First Derivative Traders, ...
United States
11 Dec 2018
4
Awaiting Supreme Court Clarification On Fraudulent Scheme Claims
On June 18, 2018, the Supreme Court granted Francis V. Lorenzo's petition for certiorari in Lorenzo v. S.E.C., No. 17-1077, to decide whether an action that does not meet the requirements for a misstatement claim...
United States
26 Jul 2018
5
Supreme Court To Decide Whether The SEC Can Pursue Fraudulent Scheme Claims Where The Janus Test Is Not Met
On June 18, 2018, the Supreme Court granted Francis V. Lorenzo's petition for certiorari in Lorenzo v. S.E.C., No. 17-1077, to decide whether an action ...
United States
24 Jul 2018
6
Testing The Limits Of Morrison
n June 19, 2018, the Court of Appeals for the Second Circuit in Giunta v. Dingman, No. 17-1375-cv, 2018 WL 3028686 (2d Cir. Jun. 19, 2018) ...
United States
17 Jul 2018
7
Second Circuit Reverses Lower Court's Dismissal Of Securities Fraud Complaint Under Morrison
On June 19, 2018, the Court of Appeals for the Second Circuit in Giunta v. Dingman, No. 17-1375-cv, 2018 WL 3028686 (2d Cir. Jun. 19, 2018) ...
United States
5 Jul 2018
8
New York Court of Appeals Curtails New York Attorney General's Use Of The Martin Act
On June 12, 2018, the New York Court of Appeals held that a three-year statute of limitations applies to actions brought by the New York Attorney General (NYAG) under the Martin Act ...
United States
18 Jun 2018
9
False Claims Act: Eastern District Of New York Dismisses Case Alleging Fraud Against Federal Reserve Banks
The U.S. District Court for the Eastern District of New York decided a long-running whistleblower case last month, which alleged that Wells Fargo and its predecessors-in-interest had defrauded...
United States
5 Jun 2018
10
Lit Alerts—June 2018
In Patel v. Zillow, Inc., the U.S. District Court for the Northern District of Illinois dismissed a class action under the Illinois Uniform Deceptive Trade Practices Act ...
United States
4 Jun 2018
11
Second Circuit Underscores The Difficulties Of Pleading Securities Fraud Based On Statements Of Opinion After Omnicare
On May 1, 2018, the US Court of Appeals for the Second Circuit issued a summary order affirming a district court decision dismissing plaintiffs' putative class ...
United States
31 May 2018
12
Lit Alerts—April 2018, Vol. 2
In Wescott Electric Co. v. Cincinnati Insurance Co., the Eastern District of Pennsylvania ruled that it would not add terms to an insurance policy even though the terms were contained in a different insurance policy ...
United States
13 Apr 2018
13
Second Circuit Introduces New Test For Determining Standing Under RICO
Recently, in Bascuñan v. Elsaca, the Second Circuit adopted a new test for domestic injuries alleged under the Racketeer Influenced and Corrupt Organizations Act (RICO) when the plaintiff is a foreign litigant.
United States
19 Feb 2018
14
False Advertising: California Court Of Appeal Rules That Plaintiffs' Expert Witness' Failure To Test Homeopathic Remedy Was Not Grounds For Excluding Opinion On The Remedy's Effectiveness
The Court of Appeal accordingly remanded the case to the trial court to determine the measure of damages to which the plaintiff class was entitled.
United States
6 Nov 2017
15
United States v. Martoma: The Second Circuit's Latest Attempt To Clarify The "Personal Benefit" Requirement In Insider Trading Cases
The Second Circuit has implemented yet another significant change to insider trading law. In United States v. Martoma, issued on August 23, 2017, the court walked back much of what it said...
United States
4 Sep 2017
16
Securities: Supreme Court Rules Disgorgement Claims Are Subject To A Five-Year Statute Of Limitations
The US Supreme Court unanimously held in Kokesh v. Securities and Exchange Commission that a five-year limitations period applies to disgorgement claims brought by the SEC in enforcement proceedings.
United States
12 Jul 2017
17
Elections: Northern District of Illinois Rules Campaign Promises Are Non-Actionable
The Northern District of Illinois dismissed a suit last month brought against a former member of the US House of Representatives alleging that the representative was liable to his campaign donors...
United States
3 May 2017
18
Supreme Court To Decide Applicable Tolling Rule For The Securities Act's Statute Of Repose
The United States Supreme Court is set to decide later this term an important but technical decision concerning the time in which a plaintiff may bring a private securities claim...
United States
27 Apr 2017
19
Reviving Time-Barred Financial Litigation In State Courts
With the events of the global financial crisis many years in the past, any resulting litigation would be expected to have dried up, as any potential claims should be time-barred by statutes of limitations.
United States
2 Mar 2016
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