Jeffrey Resetarits

Jeffrey Resetarits

Shearman & Sterling LLP

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Second Circuit Reaffirms Its View That Extender Statutes Supersede Statutes of Repose

The Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) includes a so-called Extender Statute prescribing the limitations period for actions brought by the Federal Deposit Insurance Corporation (“FDIC”) as...more

5/24/2016 - Extender Statutes FDIC FHFA FIRREA Statute of Repose

Second Circuit Holds Sarbanes-Oxley’s Five-Year Statute of Repose Applies to Claims Under Sections 9(f) and 18(a), but Re-Affirms...

Twenty-five years ago, in Ceres Partners, the Second Circuit held that the implied private right of action under Section 14 of the Securities and Exchange Act of 1934 (“Exchange Act”) was subject to a three-year repose...more

5/4/2016 - Oil & Gas Private Right of Action Sarbanes-Oxley Securities Exchange Act Statute of Repose

Second Circuit Stresses Control, Not Attribution, In Applying Janus’s “Ultimate Authority” Test, And Also Allows Expert Testimony...

In Janus Capital, the Supreme Court established the “ultimate authority” test to determine who may be liable under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) as a “maker” of a materially misleading...more

4/19/2016 - Control Test Expert Testimony Misleading Statements Pfizer Pharmaceutical Industry

CFTC’s Publication of Largest Whistleblower Award Follows Increased Focus on Whistleblowing Initiatives

On April 4, 2016, the U.S. Commodity Futures Trading Commission (“CFTC”) announced the issuance of a whistleblower award of more than $10 million for original information that it said led to a major enforcement action over...more

4/6/2016 - CFTC Commodities Exchange Act Dodd-Frank Whistleblower Awards

Second Circuit’s First Published Opinion Applying Omnicare Adopts Strong Contextual Approach to Opinion Statement Liability

In Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S.Ct. 1318 (2015) (“Omnicare”), the Supreme Court pronounced the standard for determining whether a statement of opinion is actionable...more

3/8/2016 - Material Misstatements Omnicare v Laborers District Council Pension Funds SCOTUS Securities Exchange Act Statement of Opinion

Securities Enforcement 2015 Year-End Review

The Securities and Exchange Commission (the SEC or the Commission) filed a record 807 enforcement actions in fiscal year 2015, 52 more than it filed in 2014. It also set a record by obtaining approximately $4.2 billion in...more

2/4/2016 - Administrative Hearings Chief Compliance Officers Cybersecurity Enforcement Statistics Insider Trading SEC Securities Fraud US v Newman Whistleblowers

Second Circuit Determines That Tax Memo Shared Between Taxpayers and Banks Is Protected Under the Common Interest Doctrine and...

On November 10, 2015, the US Court of Appeals for the Second Circuit unanimously held in a published opinion that (i) the attorney-client privilege was not waived by appellants-taxpayers who shared a group of documents,...more

11/13/2015 - Audits Common-Interest Privilege Corporate Taxes IRS Work Product Privilege

SEC Says Confidentiality Agreements May Impede Whistleblowers

On April 1, 2015, the United States Securities and Exchange Commission (“SEC” or “Commission”) filed its first enforcement action under Section 21F of the Securities Exchange Act of 1934 (“Exchange Act”) and Exchange Act Rule...more

4/3/2015 - Confidentiality Agreements Contract Terms Enforcement Actions KBR (formerly Kellogg Brown & Root) SEC Whistleblower Protection Policies Whistleblowers

Supreme Court Sets Standard for Section 11 Opinion Statement Liability in Omnicare Ruling

In its much-anticipated decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (“Omnicare”), No. 13-435 (Mar. 24, 2015), the United States Supreme Court held that an honestly-held statement...more

3/27/2015 - Issue Preclusion Likelihood of Confusion Omnicare Omnicare v Laborers District Council SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

Commercial Division of New York State Supreme Court Adopts Rule Regarding Responses and Objections to Document Requests

On January 22, 2015, the Chief Administrative Judge of the Courts of New York adopted a new rule applicable to the Commercial Division, effective April 1, 2015, that will require parties to provide increased specificity when...more

2/3/2015 - Discovery Document Requests New Regulations

Securities Enforcement 2014 Year-End Review

Fiscal year 2014 proved to be another eventful and record-breaking year for the Division of Enforcement (Enforcement Division) of the United States Securities and Exchange Commission (SEC or the Commission). Indeed, the...more

1/29/2015 - Broken Windows Enforcement Actions Enforcement Statistics SEC Strategic Enforcement Plan

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

Governance & Securities Law Focus: Europe Edition, January 2014

In this issue: - EU Developments - Italian Developments - UK Developments - US Developments - Asian Developments - International Financial Markets Regulation Developments -...more

1/28/2014 - Corporate Governance ETFs EU Securities UCITS

Governance & Securities Law Focus - October 2013

In this issue: - ASIAN DEVELOPMENTS - HKEx publishes Amended Listing Rules to Complement the New IPO Sponsor Regime - US DEVELOPMENTS - SEC Developments - Noteworthy US Securities Law...more

10/22/2013 - Corporate Governance DOJ EMIR Enforcement Actions Equivalency Determinations EU European Commission European Securities and Markets Authority (ESMA) IPO IPO Sponsors PCAOB Reporting Requirements SEC Short Sales Swap Clearing

Governance & Securities Law Focus: Europe Edition, October 2013

In this issue: - EU Developments - Opinion on ESMA’s Powers under the Short Selling Regulation - ESMA Publishes Third Country Advice on Equivalence - ESMA Consults on the Clearing...more

10/16/2013 - Corporate Governance EMIR EU European Securities and Markets Authority (ESMA) Extraterritoriality Rules Fraud Short Sales

Governance & Securities Law Focus: Asia Edition, July 2013

In this issue: ASIAN DEVELOPMENTS - - HKEx Launches Consultation on Reform of Connected Transaction Rules US DEVELOPMENTS - - SEC Developments - Noteworthy US Securities Law...more

7/16/2013 - China DOJ EMIR Employee Benefits Employer Mandates Enforcement Actions EU European Commission European Securities and Markets Authority (ESMA) Financial Conduct Authority (FCA) Risk Management SEC Securities Litigation

Governance & Securities Law Focus: Europe Edition - April 2013

In This Issue: - EU DEVELOPMENTS ..European Securities and Markets Authority (“ESMA”) Publishes an Update of the Committee of European Securities Regulators (“CESR”) Recommendations Regarding Mineral...more

4/9/2013 - Anti-Money Laundering Corporate Governance Corporate Social Responsibility EU European Commission European Securities and Markets Authority (ESMA) Prospectus Proxy Advisors

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