Joseph E. Gallo

Joseph E. Gallo

Katten Muchin Rosenman LLP

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Delaware Court Awards Attorneys’ Fees for Opposition’s Bad Faith Litigation Conduct

The Delaware Court of Chancery recently held that a prevailing party in a lawsuit may be awarded attorneys’ fees when the opposing party engaged in bad faith litigation tactics, even when the prevailing party does not...more

10/2/2013 - Attorney's Fees Bad Faith Equitable Relief Expert Testimony Joint Venture Litigation Strategies

Ninth Circuit Rejects Securities Fraud Suit for Failure to Demonstrate Loss Causation

The US Court of Appeals for the Ninth Circuit recently affirmed the lower court’s granting of summary judgment to the defendants in a federal securities fraud suit, holding that the plaintiffs had failed to provide sufficient...more

10/1/2013

New York District Court Dismisses Complaint Alleging Foreign Antitrust Activity

The US District Court for the Southern District of New York recently held that alleged anticompetitive conduct by Chinese technology manufacturers taking place entirely within China did not create sufficient direct effects on...more

5/29/2013 - Anti-Competitive China Extraterritoriality Rules Jurisdiction Monopolization Sherman Act

Massachusetts District Court Affirms Scienter Requirement of False Statement Crime

The District Court for the District of Massachusetts recently held that in order to obtain a conviction for making a false statement to a government agent, the government must prove that the defendant knew, or reasonably...more

5/29/2013 - False Statements Insider Trading Scienter SEC

Texas District Court Addresses Misappropriation Theory of Insider Trading

The US District Court for the Northern District of Texas recently denied a defendant’s motion for summary judgment in a Securities and Exchange Commission civil enforcement action under the “misappropriation” theory of...more

3/20/2013 - Insider Trading Mark Cuban Misappropriation SEC

SDNY Favors the SEC in Foreign Corrupt Practices Act Action Involving Novel Issues of Statutory Interpretation

In a case addressing an issue of first impression involving the Foreign Corrupt Practices Act (FCPA), the US District Court for the Southern District of New York adopted an expansive interpretation of the statute’s interstate...more

2/26/2013 - Bribery Email FCPA Foreign Nationals Interstate Commerce SEC SEC v Straub Statute of Limitations Tolling

SDNY Finds Lack of Personal Jurisdiction in Foreign Corrupt Practices Act Claim

The US District Court for the Southern District of New York recently addressed whether the Foreign Corrupt Practices Act (FCPA) could reach a foreign executive of a non-US company. In contrast to the Straub case (see “SDNY...more

2/26/2013 - FCPA Foreign Defendants Personal Jurisdiction SEC SEC v Sharef Siemens

Delaware Chancery Court Strengthens First-Filed Action Rule

The Delaware Court of Chancery recently stayed a Delaware action in favor of an earlier-filed Texas case because they dealt with substantially similar facts, even where the two lawsuits did not contain identical claims. The...more

12/18/2012 - Breach of Contract Declaratory Judgments Fiduciary Duty First-Filed Action Rule Motions to Stay Proceedings

Antitrust "Tying" Claims Dismissed Against Homebuilders

The US District Court for the Eastern District of California recently ruled on the type of activity that constitutes a claim of impermissible “tying” under federal antitrust law, holding that the alleged misconduct of a group...more

12/18/2012 - Financing Housing Developers Land Developers Tying

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