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"SEC Announces First Non-Prosecution Agreement in an FCPA Matter"

On April 22, the U.S. Securities and Exchange Commission (SEC) announced its first non-prosecution agreement (NPA) with a company in a matter involving alleged violations of the U.S. Foreign Corrupt Practices Act (FCPA). The...more

4/29/2013 - Compliance Customs FCPA Illegal Imports Non-Prosecution Agreements Ralph Lauren SEC Self-Reporting

"Inside the Courts: Supreme Court Clarifies Amount in Controversy Removal Threshold for Class Actions"

Standard Fire Ins. Co. v. Knowles, No. 11-1450 (Mar. 19, 2013) - This morning, the U.S. Supreme Court unanimously held that a plaintiff in a class action cannot defeat removal under the Class Action Fairness Act of...more

3/19/2013 - Amount in Controversy CAFA Class Action Damages SCOTUS

"Supreme Court Rejects Discovery Rule on Statute of Limitations for SEC Civil Penalty Enforcement Actions"

Gabelli v. Sec. & Exch. Comm'n, No. 11-1274 (U.S. Feb. 27, 2013) - In a unanimous opinion authored by Chief Justice Roberts, the U.S. Supreme Court today held that the five-year limitations period that governs SEC...more

2/27/2013 - Discovery Rule Enforcement Actions Gabelli v SEC Penalties SCOTUS SEC Securities Fraud Statute of Limitations

"Supreme Court Holds Securities Fraud Plaintiffs Are Not Required to Prove Materiality of Allegedly False Statements to Certify a...

Today, in a 6-3 decision, the Supreme Court of the United States held in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds that a securities fraud plaintiff alleging fraud on the market need not establish the...more

2/27/2013 - Amgen Inc. v Connecticut Retirement Plans Burden of Proof Class Action Class Certification False Statements Fraud-on-the-Market Insider Trading Materiality Pleadings Rule 10b-5 SCOTUS Securities Fraud

"SEC Enforcement in the Second Term of the Obama Administration"

As the second term of the Obama administration begins, the SEC is experiencing a profound leadership transition, with the departures of agency Chair Mary Schapiro; Director of Enforcement Robert Khuzami; its general counsel;...more

1/23/2013 - Asset Management Barack Obama China Cooperation Initiative DOJ Enforcement FCPA High Frequency Trading Insider Trading SEC Whistleblowers

Inside The Courts - December 2012

This issue of Inside the Courts, Skadden's securities litigation newsletter, includes summaries and associated court opinions of selected noteworthy cases principally decided from July to November 2012. This edition addresses...more

1/7/2013 - Annual Meeting Auditors Burden of Proof CAFA Class Action Demand Futility Derivatives Directors Dodd-Frank Economic Loss Doctrine ERISA Fiduciary Duty Foreign Corporations Fraud Insider Trading Investment Company Act of 1940 Loss Causation Materiality Misrepresentation Pleadings PLSRA RMBS Scienter Shareholders Underwriting

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