George E. Greer

George E. Greer

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


To Hall(iburton) and Back: Will Third Time Be a Charm as Fifth Circuit Grants Another Appeal in Halliburton?

In what is now the third interlocutory appeal in the course of class certification proceedings spanning more than a decade, the case of Erica P. John Fund, Inc. v. Halliburton Co. will head back to the United States Court of...more

11/10/2015 - Class Action Halliburton v Erica P. John Fund Interlocutory Appeals Securities Litigation Stock Prices

Judge Berman Deflates SEC’s ALJ Appointment Process

United States District Court Judge Richard M. Berman of the Southern District of New York has been making headlines in recent weeks as he presides over the highly publicized case between the National Football League (“NFL”)...more

8/26/2015 - ALJ Appointments Clause Article II CMBS Financial Markets Football New England Patriots NFL Preliminary Injunctions Rating Agencies S&P SEC Tom Brady Work Suspensions

Internal Investigations: Do No Harm

Internal investigations are an ever-present challenge for companies. They can involve virtually any topic and arise in myriad ways.  Embezzlement, accounting improprieties, bribery, and financial statement adjustments can all...more

4/22/2015 - Attorney-Client Privilege Consultants Corporate Counsel Corporate Officers Internal Investigations Reporting Requirements Work Product Privilege

SEC’s Administrative Proceedings: Where One Stands Appears to Depend on Where One Sits

As we have previously reported, practitioners and judges alike have recently been questioning the SEC’s increased use of administrative proceedings. Defense lawyers complain that administrative proceedings, which have...more

12/10/2014 - Administrative Hearings Dodd-Frank Enforcement Actions Judge Rakoff SEC

No “Loos” Causation From Mere Announcement Of Internal Investigation

Securities fraud actions are often filed on the heels of an announcement of an internal or SEC investigation. A recent Ninth Circuit decision, Loos v. Immersion Corp., may make it easier for company executives to sleep at...more

8/20/2014 - Government Investigations Internal Investigations Loss Causation Securities Securities Fraud

Money, Gold And Judges: D.C. Circuit Holds SEC’s Conflict Minerals Rule Violates The First Amendment

On April 14, 2014, a divided panel of the U.S. Court of Appeals for the District of Columbia held in National Assoc. of Mfg., et al. v. SEC that the required disclosures pursuant to the SEC’s Conflict Minerals Rule violated...more

4/23/2014 - Conflict Mineral Rules First Amendment SEC Securities Litigation

SEC Launches Cooperation Initiative to Encourage Municipal Issuers and Underwriters to Self-Report Continuing Disclosure...

On March 10, 2014, the Securities and Exchange Commission ("SEC") announced that issuers and underwriters of municipal securities may voluntarily report materially inaccurate statements made in offering documents regarding...more

4/10/2014 - Bonds Disclosure Municipal Bonds Municipalities SEC Self-Reporting Underwriting

Time Is Money: Second Circuit Vacates SEC’s $38 Million Fine Against Hedge Fund Pentagon Capital Management

On August 8, 2013, the Second Circuit vacated the SEC’s $38 million fine against hedge fund Pentagon Capital Management PLC, holding that the Supreme Court’s decision in Gabelli v. SEC required the case to be remanded for...more

8/13/2013 - Capital Markets Civil Monetary Penalty Fines Hedge Funds Rule 10b-5 SEC Securities Act of 1933

In The SDNY, Hindsight Is No Substitute For Red Flags When Alleging Scienter

On April 8, 2013, Judge Shira A. Scheindlin of the Southern District of New York granted auditor Deloitte Touche Tohmatsu CPA’s (“DTTC”) motion to dismiss a shareholder class action, finding that plaintiffs failed to...more

4/16/2013 - Auditors Class Action Material Misstatements Rule 10b-5 Scienter SEC Securities Exchange Act Securities Fraud Shareholders

President Barack Obama’s Win Also a Win for the SEC and the CFTC

The U.S. Securities and Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (“CFTC”) can breathe a little easier after President Barak Obama’s re-election on Tuesday, November 6, 2012, according to legal...more

11/14/2012 - Barack Obama CFTC Dodd-Frank SEC

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