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Matria Healthcare Insider Traders Will Go to Trial

The US District Court for the Northern District of Georgia denied a motion for partial summary judgment in the Security and Exchange Commission’s insider trading case against Earl Arrowood and Parker Petit. The SEC alleges...more

8/21/2013 - Healthcare Insider Trading Mergers SEC Trials

Securities Fraud Claims Against CommScope Dismissed

The US District Court for the Western District of North Carolina dismissed a shareholder securities fraud claim against CommScope, Inc. and its officers, holding that the company’s alleged misrepresentations constituted...more

8/21/2013 - Dismissals Misleading Statements Misrepresentation Rule 10b-5 SEC Securities Fraud

Sixth Circuit Reaffirms Class Certification in Light of Amgen and Comcast

The US Court of Appeals for the Sixth Circuit has reaffirmed the certification of a class of purchasers of Whirlpool appliances in light of the Supreme Court’s recent decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426...more

7/31/2013 - Amgen Inc. v Connecticut Retirement Plans Class Certification Comcast v. Behrend SCOTUS Whirlpool

Order for Insider Trader to Pay $10.2 Million in Restitution to Morgan Stanley Affirmed

The US Court of Appeals for the Second Circuit has affirmed the lower court’s order directing Joseph Skowron III, a convicted insider trader and former portfolio manager at Morgan Stanley, to pay his former employer $10.2...more

7/31/2013 - Fines Insider Trading Mandatory Victim's Restitution Act Morgan Stanley Portfolio Managers

“Sophisticated Plaintiff” Found to Be Adequate Class Representative

The US District Court for the Western District of Texas certified a class of common stock purchasers in an action against Pain Therapeutics, Inc. (PTI) and its directors. The plaintiff’s complaint, which alleges that PTI...more

6/18/2013 - Board of Directors Class Action Class Certification Common Stock FDA Investors Misleading Statements Prescription Drugs

Securities Class Representative Cannot Object to Bankruptcy Release on Behalf of Class

The US District Court for the Southern District of New York affirmed an order rejecting an objection to the confirmation of a Chapter 11 Plan of Reorganization for Dynegy, Inc. and Dynegy Holdings, LLC (together, Dynegy) for...more

6/18/2013 - Chapter 11 Class Action Release Agreements Standing

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

The US District Court for the District of Delaware dismissed a class action for securities fraud against former officers and directors of a geothermal energy company, in which the plaintiffs alleged that the defendants had...more

5/8/2013 - Class Action Geothermal Energy Securities Fraud

Gaming Company’s Regulatory Delays Insufficient to Give Rise to a Securities Fraud Claim

The US District Court for the Northern District of Illinois dismissed securities fraud claims against WMS Industries (WMS), a gaming and slot machine manufacturer, and certain of its executives, holding that a would-be class...more

5/8/2013 - Gaming Private Securities Litigation Reform Act of 1995 Securities Fraud

Court Rejects "Core Operations" Theory of Scienter in Battery Manufacturer Fraud Case

The District Court of Massachusetts dismissed Section 10(b)(5) claims against executives of a battery systems company, holding that plaintiffs could not rely on the theory that knowledge of the falsity of the statements at...more

3/27/2013 - Core Operations Doctrine Corporate Officers Fraud Manufacturers Scienter

SEC Oversight of FINRA Exempt from FOIA Request

The District Court for the District of Columbia has held that the Securities and Exchange Commission is exempt from producing documents relating to its audit, inspections, and review of the Financial Industry Regulatory...more

3/27/2013 - Audits Document Productions FINRA FOIA SEC

Fourth Circuit Refuses to Pierce the Corporate Veil in Oil Spill Case

The US Court of Appeals for the Fourth Circuit has refused to enforce a judgment against an entity with ties to the judgment debtor, finding that the judgment creditor had not adequately pled an alter ego claim....more

2/20/2013 - Alter Ego Capri Marine Ltd Corporate Veil Judgment Creditors Judgment Debtors Oil & Gas Oil Spills Pleadings Vessels

Seventh Circuit Addresses FLSA Class Certification Standards

The US Court of Appeals for the Seventh Circuit has held that the same standards governing Rule 23 class certification claims apply to wage-and-hour “collective action” claims brought under the Fair Labor Standards Act...more

2/19/2013 - Appeals Class Action Class Certification Decertify FLSA Rule 23 Standard of Review Wage and Hour

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