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Securities Enforcement 2014 Mid-Year Review

While not nearly as transformative and dramatic as the first half of 2013 and the early days of Chair Mary Jo White and Director of Enforcement Andrew Ceresney, the first six months of 2014 was just as busy and productive...more

8/1/2014 - Citigroup Enforcement Enforcement Actions Judge Rakoff Neither Admit Nor Deny Settlements SEC Settlement

Supreme Court Preserves 'Fraud-on-the-Market' and Validates Use of 'Price Impact' Defense Against Class Certification in...

In its long-awaited decision in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), the US Supreme Court upheld the validity of the fraud-on-the-market presumption set forth in Basic Inc. v. Levinson, 485 US 224...more

6/27/2014 - Basic v Levinson Class Action Class Certification Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Securities Fraud

Second Circuit Rejects 'Listing Theory,' Finds That Cross-Listing on a U.S. Exchange Is Insufficient to Justify an Exception Under...

In a case of first impression, the U.S. Court of Appeals for the Second Circuit recently held in a published opinion that the Supreme Court’s decision in Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010),...more

5/13/2014 - Appeals Extraterritoriality Rules Foreign Exchanges Morrison v National Australia Bank Putative Class Actions SCOTUS Securities Securities Exchange Act UBS

Supreme Court to Review Second Circuit’s Decision that American Pipe Tolling Does Not Apply to the Securities Act’s Three-Year...

The Supreme Court of the United States has granted certiorari in Public Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc., taking up an issue that affects the management of class action securities litigation....more

3/21/2014 - American Pipe & Construction Co. v. Utah IndyMac Retirement Plan SCOTUS Securities Act of 1933 Statute of Repose Tolling

SEC Enforcement Year in Review - 2013

Marked by leadership changes, high-profile trials, and shifting priorities, 2013 was a turning point for the Enforcement Division of the Securities and Exchange Commission (the “SEC” or the “Commission”). While the results of...more

1/9/2014 - Accounting Fraud Auditors Bribery Broker-Dealer China Deferred Prosecution Agreements Disclosure Dodd-Frank Enforcement Actions FCPA FIRREA Injunctions Insider Trading Investment Adviser Mary Jo White Municipal Securities Issuers Neither Admit Nor Deny Settlements SEC Securities Fraud Statute of Limitations Whistleblowers

Second Circuit Addresses Materiality of Alleged Omissions at the Pleading Stage

Earlier this week, the United States Court of Appeals for the Second Circuit issued a noteworthy decision regarding the standard for judging the materiality of alleged omissions in a class action lawsuit brought under Section...more

7/25/2013 - Class Action Exchange-Traded Products Materiality Omissions Pleadings SEC

The Sixth Circuit Establishes a Lenient Standard for Pleading a Section 11 Claim Based on an Allegedly Misleading Opinion in a...

The United States Court of Appeals for the Sixth Circuit recently issued an important decision regarding the requirements for stating a claim under Section 11 of the Securities Act of 1933 based on an allegedly misleading...more

6/25/2013 - Material Misstatements Medicaid Medicare Omnicare Pleadings Registration

Fed Rewrites Section 716 of Dodd-Frank

The Federal Reserve on Wednesday, June 5, issued an interpretation of the so-called “swaps push-out” section of the Dodd-Frank Act that corrects a drafting error that virtually everyone agrees needed to be fixed. The Federal...more

6/10/2013 - Dodd-Frank FDIC Federal Reserve Foreign Banks OCC Swap Dealers Swaps

PCAOB Announces Agreement With China On Production of Audit Work Papers – A Step Forward or Lip Service?

On May 24, 2013, the Public Company Accounting Oversight Board (“PCAOB” or the “Board”) announced that it had signed a Memorandum of Understanding (“MOU”) with Chinese securities regulators that would enable the PCAOB under...more

6/7/2013 - Audits China Memorandum of Understanding PCAOB SEC Securities Fraud

SEC Lawyer Speaks To Broker-Dealer Registration Status Of Private Fund Managers

Late last week, a senior SEC lawyer encouraged the private equity and hedge fund communities to consider whether certain practices of private fund managers could subject these firms to SEC registration as broker-dealers....more

4/11/2013 - Broker-Dealer Fund Managers Private Funds Registration SEC

Vitamin C Purchasers Awarded $162 Million In First-Ever Civil Price-Fixing Verdict Against Chinese Companies

On March 14, 2013, a federal jury in Brooklyn, New York returned a verdict in In re Vitamin C Antitrust Litigation, No. 1:06-md-1738 (E.D.N.Y.), finding that two Chinese companies had unlawfully fixed prices and controlled...more

4/1/2013 - Antitrust Litigation China Jury Awards Price-Fixing Sovereign Immunity

The Eleventh Circuit Rules that the Disclosure of an SEC Investigation is Insufficient to Plead Loss Causation

The US Court of Appeals for the Eleventh Circuit recently issued an important decision that addresses two types of allegations that plaintiffs routinely rely on to plead loss causation in federal securities fraud cases. In...more

3/19/2013 - Causation Loss Causation Meyer v Greene Pleading Standards Pleadings SEC

Supreme Court rejects SEC’s request for exception to statute of limitations in Gabelli

On February 27, 2013, the Supreme Court issued its much-anticipated decision in Gabelli v. SEC, unanimously rejecting the SEC’s view that government agencies can bring enforcement actions seeking civil penalties for...more

3/1/2013 - Gabelli v SEC SCOTUS SEC Statute of Limitations

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