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Court Finds Section 15(a) of the Exchange Act Only Applicable in Domestic Transactions

The US District Court for the Northern District of Illinois recently granted defendants’ motion to dismiss one count of a Securities and Exchange Commission complaint, finding that the registration requirement under Section...more

4/17/2013 - Foreign Exchanges SEC Securities Exchange Act

Second Circuit Bars Criminal Defendant from Accessing Assets Frozen by Regulators

The US Court of Appeals for the Second Circuit recently upheld a district court’s refusal to release nearly $4 million in assets frozen by the Securities and Exchange Commission and the Commodity Futures Trading Commission to...more

4/17/2013 - Criminal Defense Divorce Fraud Frozen Assets Marital Assets SEC

Southern District Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action

A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more

4/10/2013 - Class Action Confidential Witnesses Evidence Motion to Dismiss Pleadings Securities Fraud

Court Dismisses Securities Class Action Alleging Misrepresentations About "Cannibalization"

A class-action complaint filed against Travelzoo, Inc. (Travelzoo) in the US District Court for the Southern District of New York was recently dismissed. The complaint alleged that Travelzoo made misstatements in its...more

4/10/2013 - Cannibalization Class Action Competition SEC Travelzoo

Split Emerges on Customs Law after Eleventh Circuit Vacates Smuggling Convictions

On February 22, the US Court of Appeals for the Eleventh Circuit held that an indictment charging the unlawful importation of goods into the United States, in violation of 18 U.S.C. §§ 545 and 371, failed to state an offense...more

3/7/2013 - FDA Imports Smuggling Split of Authority

Supreme Court Ruling Lowers Class Action Hurdle for Securities Fraud Cases

On February 27, the Supreme Court upheld a lower court’s determination that proof of materiality is not required before certifying a securities fraud class action....more

3/6/2013 - Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Fraud Fraud-on-the-Market SCOTUS

2012 Trends in Securities Class Action Filings

On January 23, Cornerstone Research and Stanford Law School’s Securities Class Action Clearinghouse released their “2012 Year in Review” report, which analyzes the federal securities fraud class action filings over the past...more

1/31/2013 - Class Action Securities Shareholder Litigation

Eleventh Circuit Holds that Net Revenue, Not Profits, Should Determine Damages in FTC Deceptive Marketing Case

The US Court of Appeals for the Eleventh Circuit recently affirmed a judgment against three individual defendants finding that the district court correctly used net revenue to calculate damages. Defendant-appellants were...more

1/31/2013 - Damages Foreclosure Fraud FTC Marketing Mortgages Net Revenue Unfair or Deceptive Trade Practices

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

SEC and Department of Justice Release Detailed FCPA Resource Guide

On November 14, the Criminal Division of the Department of Justice and the Enforcement Division of the Securities and Exchange Commission released long-awaited guidance on the Foreign Corrupt Practices Act (FCPA)...more

11/20/2012 - Compliance DOJ FCPA FCPA Resource Guide SEC

Corporate and Financial Weekly Digest - November 16, 2012

In this issue: - SEC Rejects Motion to Stay Resource Extraction Disclosure Rules - Register for Our 2013 Proxy Season Update Webinar - CFTC Proposes Swaps Report - CFTC Issues FAQ on Energy...more

11/19/2012

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