Daniel Laguardia

Daniel Laguardia

Shearman & Sterling LLP

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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

New York City Bar Association Committee On Securities Litigation: Report on the Possible Impact of Halliburton II on Securities...

The U.S. Supreme Court's November 15, 2013 decision granting certiorari in Halliburton Co. and David Lesar v. Erica P. John Fund has captured the imagination of the securities bar and economists alike. At least one...more

6/6/2014 - Basic v Levinson Class Action Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Misrepresentation SCOTUS Securities Exchange Act Securities Litigation

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

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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