Jason F. Clouser

Jason F. Clouser

Katten Muchin Rosenman LLP

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Sixth Circuit Affirms Dismissal of Shareholder Class Action Due to Plaintiff’s Failure to Plead Recklessness

The US Court of Appeals for the Sixth Circuit recently affirmed an Ohio district court’s decision to dismiss a securities fraud putative class action accusing Defendant Zoo Entertainment, Inc. (Zoo), a video game software...more

9/18/2013 - Class Action Pleadings Putative Class Actions Securities Fraud Shareholder Litigation Video Games

Former Head of Investor Relations Penalized by SEC for Selectively Disclosing Material Nonpublic Information, While...

The selective and early disclosure of material non-public information resulted in a Securities and Exchange Commission cease and desist order and civil penalties against the former head of investor relations at First Solar,...more

9/18/2013 - Disclosure Requirements DOE Investors SEC Self-Disclosure Requirements

Sixth Circuit Affirms Decision to Enforce Arbitration Provision in Retiree Benefit Dispute

The US Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision to grant defendant-appellee TRW Vehicle Safety Systems, Inc.’s (TRW) motion to compel arbitration, finding that TRW retirees were...more

8/7/2013 - Arbitration Arbitration Agreements Collective Bargaining Mandatory Arbitration Clauses Motion to Compel Retirement

Third Circuit Holds that District Court Improperly Excluded Expert Testimony in Securities Fraud Case

The US Court of Appeals for the Third Circuit recently reversed a district court’s decision to exclude expert testimony in a case involving allegations of securities fraud. The court distinguished the loss causation and...more

8/7/2013 - Evidence Exclusions Expert Testimony Securities Fraud

Delaware Court of Chancery Appoints Receiver to Ensure Stockholders’ Meeting

The Delaware Court of Chancery recently determined that the appropriate remedy for a corporation’s failure to comply with court orders to hold a long overdue stockholders’ meeting was to appoint a receiver with authority to...more

6/26/2013 - Corporate Governance Receivership SEC Shareholders Stockholders' Meetings

US Supreme Court Defers to Arbitrator’s Decision to Allow Class Arbitration in Healthcare Action

The US Supreme Court affirmed a ruling by the US Court of Appeals for the Third Circuit upholding an arbitrator’s decision that a contract provided for class arbitration. The Court held that where parties consent to arbitrate...more

6/26/2013 - Arbitrators Class Arbitration Federal Arbitration Act Healthcare SCOTUS Stolt-Nielsen

Delaware Chancery Court Finds Settlement Agreement Enforceable Despite Lacking Signature

The Delaware Court of Chancery recently ruled that a settlement agreement does not have to be fully executed by all parties to be enforceable....more

5/16/2013

Whistleblower’s Claims Against Former Employer Survive Summary Judgment

In a case involving “several questions of first impression,” the US District Court for the Southern District of New York denied summary judgment for all but one of the defendants in a case alleging violations of the...more

5/15/2013 - Anti-Retaliation Provisions Retaliation Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

New York District Court Bars Discovery of SEC's Requests for Extension Under Dodd-Frank

The US District Court for the Eastern District of New York recently ruled that Securities and Exchange Commission enforcement actions cannot be dismissed on grounds that the SEC failed to comply with Section 929U of the...more

4/3/2013 - Discovery Dodd-Frank SEC

Texas District Court Deems Arbitration Agreement Enforceable

The US District Court for the Southern District of Texas recently held that a dispute between a group of employers and a former employee should be submitted to arbitration, finding that the arbitration agreement was valid and...more

4/3/2013 - Arbitration Arbitration Agreements Class Action Contract Interpretation FLSA

Delaware Court of Chancery Analyzes Damages Claims in Failed Asset Sale

The Delaware Court of Chancery recently denied, with one exception, cross-motions for summary judgment in an action to determine damages arising from a failed asset purchase agreement....more

2/13/2013 - Cross Motions Damages Henkel Corp. v IBH Purchase Agreement Specific Performance Summary Judgment

Seventh Circuit Affirms Dismissal of Former Bank Executive's APA and FIRREA Claims

The US Court of Appeals for the Seventh Circuit recently affirmed an Illinois district court’s dismissal of claims brought by the former chairman and controlling stockholder of an Illinois-state chartered bank against the...more

2/13/2013 - Administrative Procedure Act FDIC FIRREA First Mutual Bancorp IDFPR Insolvency Investment Funds Sovereign Immunity

District Court Rules that Individual LLC Member Is Third-Party Beneficiary and Bound by Arbitration Agreement

The US District Court for the Southern District of Florida confirmed that third-party beneficiaries of a contract containing an arbitration clause may be compelled to arbitrate their claims notwithstanding that the...more

12/29/2012 - Arbitration Agreements Beneficiaries LLC Third-Party

Head of SEC Enforcement Division's Asset Management Unit Addresses Hedge Fund Enforcement Priorities

Bruce Karpati, Chief of the Securities Exchange Commission Enforcement Division’s Asset Management Unit (AMU), spoke before the Regulatory Compliance Association earlier this week to address the AMU’s current enforcement...more

12/28/2012 - Asset Management Hedge Funds SEC

Court Finds Defendants Jointly and Severally Liable for Disgorgement and Prejudgment Interest Award in Ponzi Scheme Case

The US District Court for the Northern District of New York granted the Securities and Exchange Commission’s motion for entry of final judgment and monetary relief of disgorgement and prejudgment interest against defendants...more

11/14/2012

Court Rules That Plaintiffs Failed to Establish "Scheme Liability" in Securities Case

A group of investors in a software company that services the property management industry commenced an action alleging violations of federal securities law and breaches of state law fiduciary duties against directors and...more

11/14/2012

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