Allison Wuertz

Allison Wuertz

Katten Muchin Rosenman LLP

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Sixth Circuit Rejects Claim Preclusion Where Fraudulent Conduct Concealed in a Prior Action

The US Court of Appeals for the Sixth Circuit recently reversed a district court’s decision to dismiss a complaint based on claim preclusion. In its complaint, Venture Global Engineering (VGE) alleged that Satyam Computer...more

9/25/2013 - Claim Preclusion Fraud

Second Circuit Affirms Judgment that SLUSA Precludes Madoff-Related Claims

The US Court of Appeals for the Second Circuit affirmed the district court’s dismissal of two class action suits by European investors on behalf of all investors in certain funds (Funds), against JPMorgan Chase & Co....more

9/25/2013 - Bernie Madoff Fraud Investment Funds Investors JPMorgan Chase Ponzi Scheme SLUSA

Southern District of New York Dismisses Complaint Against Madoff-Invested Fund

The US District Court for the Southern District of New York dismissed a complaint against J. Ezra Merkin and Gabriel Capital Corporation (together, Defendants), which together managed Ascot Fund Limited (Ascot), an offshore...more

8/14/2013 - Bernie Madoff Dismissals Hedge Funds Investment Funds Misrepresentation Ponzi Scheme

Ninth Circuit Remands “Say-on-Pay” Cases Back to State Court for Lack of Jurisdiction

The US Court of Appeals for the Ninth Circuit affirmed the lower court’s decision to remand to state court two “say-on-pay” cases, finding no questions of federal law had been raised. In the shareholder derivative actions,...more

8/14/2013 - Board of Directors Dodd-Frank Executive Compensation Jurisdiction Remand Say-on-Pay Shareholders

District Court Dismisses Class Action Suit Under FTCA Against SEC

The US District Court for the Middle District of Louisiana granted the United States’ motion to dismiss a putative class action law suit against the Securities Exchange Commission. Plaintiffs brought the suit under the...more

7/2/2013 - Class Action FTCA Ponzi Scheme SEC

Second Circuit Affirms Dismissal of Madoff Trustee’s Common Law Claims

The US Court of Appeals for the Second Circuit affirmed the district court’s dismissal of common law claims brought by Irving H. Picard (Trustee), trustee for Bernard L. Madoff Investment Securities (BLMIS), against several...more

7/2/2013 - Bernie Madoff Dismissals Fraud Ponzi Scheme SIPA Trustees

Involuntary Bankruptcy Petitions Dismissed Where Alter Ego Status Was Disputed

The United States Bankruptcy Court for the Southern District of New York granted motions to dismiss involuntary Chapter 7 petitions filed against TPG Troy LLC and T3 Troy LLC (the Troy Entities). Petitioners filed numerous...more

5/21/2013 - Alter Ego Chapter 7 Motion to Dismiss Payment-In-Kind Promissory Notes Subordination Troy Entities

Mississippi District Court Defers to New York Court in Bond Action

The United States District Court for the Northern District of Mississippi denied the motion of defendant ACA Financial Guaranty Corporation (ACA) to dismiss a class action complaint, finding that the issues were previously...more

5/21/2013 - Motion to Dismiss Municipal Bonds Putative Class Actions

Southern District Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action

A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more

4/10/2013 - Class Action Confidential Witnesses Evidence Motion to Dismiss Pleadings Securities Fraud

Court Dismisses Securities Class Action Alleging Misrepresentations About "Cannibalization"

A class-action complaint filed against Travelzoo, Inc. (Travelzoo) in the US District Court for the Southern District of New York was recently dismissed. The complaint alleged that Travelzoo made misstatements in its...more

4/10/2013 - Cannibalization Class Action Competition SEC Travelzoo

2012 Trends in Securities Class Action Filings

On January 23, Cornerstone Research and Stanford Law School’s Securities Class Action Clearinghouse released their “2012 Year in Review” report, which analyzes the federal securities fraud class action filings over the past...more

1/31/2013 - Class Action Securities Shareholder Litigation

Eleventh Circuit Holds that Net Revenue, Not Profits, Should Determine Damages in FTC Deceptive Marketing Case

The US Court of Appeals for the Eleventh Circuit recently affirmed a judgment against three individual defendants finding that the district court correctly used net revenue to calculate damages. Defendant-appellants were...more

1/31/2013 - Damages Foreclosure Fraud FTC Marketing Mortgages Net Revenue Unfair or Deceptive Trade Practices

Fourth Circuit Affirms Dismissal of Antitrust Claims Against Data Transfer Provider

The US Court of Appeals for the Fourth Circuit affirmed the holding of the lower court, which granted GXS, Inc.’s motion to dismiss plaintiff Loren Data Corporation’s antitrust claims against GXS. Both parties provide...more

1/10/2013 - Data Transfer Providers Dismissals Sherman Act

District of Colorado Dismisses, in Part, Securities Fraud Claims in Ponzi Scheme Suit

The US District Court for the District of Colorado considered several motions to dismiss a class-action suit filed by plaintiff Touchtone Group, LLC to recover damages resulting from a Ponzi scheme devised by Mantria...more

1/10/2013 - Dismissals Ponzi Scheme SEC Securities Fraud

Fourth Circuit Affirms Dismissal of Antitrust Claims Against Data Transfer Provider

The US Court of Appeals for the Fourth Circuit affirmed the holding of the lower court, which granted GXS, Inc.’s motion to dismiss plaintiff Loren Data Corporation’s antitrust claims against GXS. Both parties provide...more

1/9/2013 - Data Transfer Providers Dismissals Sherman Act

SEC and Department of Justice Release Detailed FCPA Resource Guide

On November 14, the Criminal Division of the Department of Justice and the Enforcement Division of the Securities and Exchange Commission released long-awaited guidance on the Foreign Corrupt Practices Act (FCPA)...more

11/20/2012 - Compliance DOJ FCPA FCPA Resource Guide SEC

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