Searching Content indexed under Corporate/Commercial Law by Michael Mugmon ordered by Published Date Descending.
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DOJ Tells Tech Companies To Develop "Responsible Encryption"
Second, the private sector must work cooperatively with law enforcement agencies on emerging security issues.
United States
6 Dec 2018
Litigating With The SEC
The SEC has made clear that it welcomes the possibility of having more cases proceed to litigation and has the resources it needs to take hard cases to trial.<
United States
20 Jul 2015
‘‘We Intend To Resolve the Ambiguities’’: The SEC Issues Some Surprising Guidance On Fraud Liability In The Wake Of Janus
The Securities and Exchange Commission recently issued what could be its most consequential adjudicatory opinion in years.
United States
3 Feb 2015
SEC Enforcement Actions Emphasize Importance Of Stock Ownership Reporting Obligations For Public Companies And Insiders
On September 10, 2014, the Securities and Exchange Commission (SEC) announced charges against 28 officers, directors and major stockholders of public companies for violating Section 16(a) and/or Section 13(d) of the Securities Exchange Act of 1934, as amended (the Exchange Act).
United States
9 Oct 2014
Some Prefer Litigation When The SEC Calls
Securities and Exchange Commission Chair Mary Jo White's commitment to enforce securities violations like a cop on the beat seems certain to lead to more litigation, requiring a vigorous defense from the outset for individuals and companies faced with an SEC investigation.
United States
22 Apr 2014
Supreme Court Issues Decision Analyzing Whether Misrepresentation Is "In Connection With" Purchase Or Sale Of Covered Security
Summary: The United States Supreme Court issued a significant ruling that may present challenges to the Securities and Exchange Commission in pursuing some federal securities fraud claims and may open up some defendants to costly state court class actions.
United States
13 Mar 2014
SB 538: Overhauled Anti-Securities Fraud Provision
Signed by Gov. Jerry Brown on Sept. 23, Senate Bill 538 overhauls the anti-fraud provision of the California Securities Law of 1968.
United States
25 Jan 2014
California Overhauls State Anti-Securities Fraud Statute
On September 23, 2013, Governor Jerry Brown signed into law Senate Bill 538—which overhauls the anti-fraud provision of the California Securities Law of 1968, and will likely make it more difficult for would-be plaintiffs to maintain lawsuits for securities fraud.
United States
4 Oct 2013
Recent Court Decisions Reveal Litigation Challenges For SEC
Although there are many factors to consider when deciding whether or not to litigate a case with the SEC, these recent decisions should give some encouragement to the SEC's opponents.
United States
15 Mar 2013
UPDATE: Lower Courts Interpret The Supreme Court's Decision In Janus Capital Group, Inc. v. First Derivative Traders
Last summer, the Supreme Court held in Janus Capital Group, Inc. v. First Derivative Traders, Inc. that a defendant may only be held be liable for securities fraud in a private action brought under Rule 10b-5(b) of the Securities Exchange Act of 1934 if it was the "maker" of a misstatement.
United States
12 Apr 2012
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