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Searching Content indexed under Corporate/Commercial Law by Daphne Morduchowitz ordered by Published Date Descending.
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1
Tenth Circuit Broadly Interprets Scheme Liability
On August 13, 2019, in Malouf v. Securities and Exchange Commission, the Tenth Circuit became the first circuit court to apply the United States Supreme
United States
9 Sep 2019
2
New York Justices Reach Inconsistent Results Post-Cyan On Automatic Discovery Stay
New York courts have taken varying positions in three recent decisions addressing whether defendants in Securities Act of 1933
United States
16 Aug 2019
3
Lit Alerts—April 2019
In Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019), the US Supreme Court ruled that attorneys must strictly adhere to Federal Rule of Civil Procedure 23(f)'s 14-day deadline to appeal a class certification order.
United States
10 Apr 2019
4
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
5
Lit Alerts—March 2019
The US District Court for the Northern District of Texas dismissed claims against Jefferies, LLC (Jefferies) last month for alleged violations of the Texas Securities Act, negligent misrepresentation, and ...
United States
13 Mar 2019
6
Lit Alerts—February 2019
In Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1212, Justice Kavanaugh delivered his first written opinion for the Supreme Court.
United States
13 Feb 2019
7
Supreme Court To Hear Case Implicating Section 14(e) Of The Exchange Act
On January 4, 2019, the Supreme Court granted a petition for a writ of certiorari filed by the defendants in Varjabedian v. Emulex Corp.
United States
21 Jan 2019
8
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
9
Supreme Court Has Opportunity To Reexamine Implied Private Right Of Action Under Section 14(E) Of The Exchange Act
After the Court of the Appeals for the Ninth Circuit "parted ways" with five other circuit courts holding that the requisite intent under Section 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e)...
United States
24 Oct 2018
10
Ninth Circuit Reverses Lower Court's Decision Dismissing Securities Claim Regarding American Depository Receipts
On July 17, 2018, the Court of Appeals for the Ninth Circuit in Stoyas v. Toshiba Corp., No. 16-56058, 2018 WL 3431764 (9th Cir. July 17, 2018), reversed and vacated the dismissal of Plaintiffs' securities class action...
United States
27 Jul 2018
11
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
12
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
13
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
14
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
15
Supreme Court Holds That SEC Administrative Law Judges Are Officers Of The United States Under The Appointments Clause Of The Constitution
On June 21, 2018, a 7-2 majority of the United States Supreme Court held in Lucia v. Securities and Exchange Commission that administrative law judges (ALJs) of the Securities and Exchange Commission ...
United States
4 Jul 2018
16
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
17
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
18
Arnold & Porter Discusses Ninth Circuit Ruling On Section 14(e) Of Exchange Act
On April 20, 2018, the Court of Appeals for the Ninth Circuit held in Varjabedian v. Emulex Corp. that a violation of Section 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e), ...
United States
22 May 2018
19
Departing From Five Other Circuit Courts, The Ninth Circuit Holds That Section 14(e) Of The Exchange Act Requires Only A Showing Of Negligence
On April 20, 2018, the Court of Appeals for the Ninth Circuit held in Varjabedian v. Emulex Corp. that a violation of Section 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e) (Exchange Act), ...
United States
8 May 2018
20
Supreme Court To Decide Whether The SEC's Administrative Law Judges Are Officers Of The United States Under The Appointments Clause Of The Constitution
On April 23, 2018, the United States Supreme Court heard oral argument in Lucia v. Securities and Exchange Commission to decide whether administrative law judges (ALJs) of the Securities and Exchange Commission...
United States
30 Apr 2018
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