Michael S. Gordon

Michael S. Gordon

Katten Muchin Rosenman LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

SEC Brings Lawsuit Against Former Carter’s Executive for Insider Trading and Tipping

On March 7, the Securities and Exchange Commission filed a complaint in the US District Court for the Northern District of Georgia against Richard Posey, former vice president of Operations of children’s clothing manufacturer...more

3/20/2014 - Enforcement Actions Illegal Tipping Insider Trading SEC

SEC Prevails in Lawsuit Involving $50 Million Ponzi Scheme

On March 6, the US District Court for the Eastern District of Michigan ordered the former leaders of an investment group to pay more than $8 million in disgorgement and fines for their role in running a $50 million real...more

3/20/2014 - Enforcement Actions Ponzi Scheme SEC

Corporate and Financial Weekly Digest - Volume IX, Issue 11

In this issue: - NASDAQ Launches Marketplace for Private Companies - SEC Proposes Rules to Enhance Oversight of Clearing Agencies - FINRA Proposes to Amend Rules 2210 and 2214 - CME Group Exchanges...more

3/17/2014 - Audits CFTC Clearing Agencies CME FINRA Nasdaq Ponzi Scheme Risk Management SEC Transfers

New York Federal Court Dismisses Derivative Suit Against Sons of Norway Executives

On February 6, the US Court for the Eastern District of New York dismissed a derivative suit against the CEO, general counsel and former international president of Sons of Norway, a fraternal organization. Former members of a...more

2/20/2014 - Breach of Duty Defamation Derivative Suit Fiduciary Duty Intentional Infliction of Emotional Distress

SEC Files Insider Trading Action Despite Unknown Tipper

On February 6, the Securities and Exchange Commission filed insider trading charges against Hao He a/k/a Jimmy He in federal district court in Atlanta, Georgia. The SEC alleged that He obtained material, nonpublic information...more

2/20/2014 - China Enforcement Actions Illegal Tipping Insider Trading SEC

Corporate and Financial Weekly Digest - Volume IX, Issue 7

In this issue: - CFTC Exempts MTFs from US Registration Requirements - CFTC Guidance Relating to Trading on SEFs and DCMs - NFA Issues Notice to Members Regarding Member Obligations Under NFA Bylaw 1101...more

2/17/2014 - CFTC Commodity Futures Contracts Derivative Suit Insider Trading MTFs NFA SEC SEFs

SEC Obtains $5.6 Million Judgment Against Stockbroker for Insider Trading of Burger King Stock

Earlier this month, the US District Court for the Southern District of New York entered a $5.6 million judgment in favor of the Securities and Exchange Commission against Waldyr Da Silva Prado Neto (Prado), a Brazilian...more

1/29/2014 - Brokers Burger King Insider Trading SEC Stocks

Delaware Court Rules in Favor of Former LLC Member in LLC’s Competition Claim

Last week, the Delaware Court of Chancery ruled that because a limited liability company (LLC) agreement did not contain a provision precluding or restricting competition, i.e., a non-compete provision, a former member did...more

1/29/2014 - Competition LLC Non-Compete Agreements Restrictive Covenants

Corporate and Financial Weekly Digest - Volume IX, Issue 4

In this issue: - ISS Updating QuickScore Methodology and Opening Data Validation Period - First MAT Determinations Are Deemed Certified - CFTC Interdivisional Working Group to Review Swap...more

1/27/2014 - Burger King CFTC Electronic Trading FFIEC Insider Trading ISS LLC NFA SEC Swaps

Delaware Chancery Court Permits Shareholder to Bring Fiduciary Claim for Board’s Violation of a Stock Incentive Plan

On November 8, the Delaware Chancery Court denied a motion to dismiss a derivative action brought by a shareholder of Healthways, Inc. against the company’s president, Ben Leedle, Jr., and the board of directors for approving...more

11/27/2013 - Board of Directors Corporate Governance Corporate Officers Derivative Suit Duty of Care Duty of Loyalty Fiduciary Duty Incentive Stock Options Proxy Statements Shareholders Stock Options

Federal Judge Reaffirms Decision to Narrow SEC’s Adviser Act Claims Against Hedge Fund

Last week, a Georgia federal judge reaffirmed a decision to narrow two claims in a civil enforcement action accusing two hedge fund managers and their firms of defrauding investors. Paul T. Mannion Jr. and Andrew S. Reckles...more

11/26/2013 - Compliance Enforcement Actions Hedge Funds Investment Advisers Act of 1940 SEC

SEC Scores in Accounting Fraud Suit Against BankAtlantic Corp. and Former CEO

On October 10, a Florida federal judge granted the Securities and Exchange Commission’s motions for partial summary judgment against BankAtlantic (now BBX Capital Corp.) and its former CEO and chairman Alan Levan, finding...more

10/23/2013 - Accounting Fraud Compliance Enforcement Actions Fraud SEC Securities Exchange Act

Identity of Heinz Traders Uncovered in $4.8 Million Insider Trading Settlement with the SEC

Last week, the Securities and Exchange Commission reminded the public that the agency can track insider trading committed in the United States by foreign account owners. Following its commencement of an action in February...more

10/22/2013 - Heinz Insider Trading SEC Securities Exchange Act Settlement

Sixth Circuit Rejects Claim Preclusion Where Fraudulent Conduct Concealed in a Prior Action

The US Court of Appeals for the Sixth Circuit recently reversed a district court’s decision to dismiss a complaint based on claim preclusion. In its complaint, Venture Global Engineering (VGE) alleged that Satyam Computer...more

9/25/2013 - Claim Preclusion Fraud

Second Circuit Affirms Judgment that SLUSA Precludes Madoff-Related Claims

The US Court of Appeals for the Second Circuit affirmed the district court’s dismissal of two class action suits by European investors on behalf of all investors in certain funds (Funds), against JPMorgan Chase & Co....more

9/25/2013 - Bernie Madoff Fraud Investment Funds Investors JPMorgan Chase Ponzi Scheme SLUSA

Matria Healthcare Insider Traders Will Go to Trial

The US District Court for the Northern District of Georgia denied a motion for partial summary judgment in the Security and Exchange Commission’s insider trading case against Earl Arrowood and Parker Petit. The SEC alleges...more

8/21/2013 - Healthcare Insider Trading Mergers SEC Trials

Securities Fraud Claims Against CommScope Dismissed

The US District Court for the Western District of North Carolina dismissed a shareholder securities fraud claim against CommScope, Inc. and its officers, holding that the company’s alleged misrepresentations constituted...more

8/21/2013 - Dismissals Misleading Statements Misrepresentation Rule 10b-5 SEC Securities Fraud

FTC Formalizes Withdrawal and Refiling Process

On June 28, the Federal Trade Commission (FTC) formalized new rules to codify its informal procedures for companies completing transactions that require US merger control filings pursuant to the Hart-Scott-Rodino Act (HSR)....more

7/18/2013 - Acquisitions Business Assets DOJ FTC Hart-Scott-Rodino Act Mergers Refiling Sale of Assets Withdrawal

Delaware Court of Chancery Finds Exculpation Clause Does Not Bar Concealment Claim

The Delaware Court of Chancery recently upheld a buyer’s claim that a seller fraudulently and actively concealed material information, even though the buyer had agreed to an exculpation clause in the stock purchase agreement...more

6/12/2013 - Exculpatory Clauses Fraudulent Concealment Misrepresentation Stock Purchase Agreement

Delaware Supreme Court Upholds Good Faith Presumption in Limited Partnership Agreement

The Delaware Supreme Court recently affirmed the lower court’s dismissal of a derivative and class action complaint against the general partner and other managers of a limited partnership because the plaintiff failed to...more

6/12/2013 - Class Action Derivative Suit Good Faith Joint Venture Limited Partnership Agreements Limited Partnerships

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

The US District Court for the District of Delaware dismissed a class action for securities fraud against former officers and directors of a geothermal energy company, in which the plaintiffs alleged that the defendants had...more

5/8/2013 - Class Action Geothermal Energy Securities Fraud

Gaming Company’s Regulatory Delays Insufficient to Give Rise to a Securities Fraud Claim

The US District Court for the Northern District of Illinois dismissed securities fraud claims against WMS Industries (WMS), a gaming and slot machine manufacturer, and certain of its executives, holding that a would-be class...more

5/8/2013 - Gaming Private Securities Litigation Reform Act of 1995 Securities Fraud

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

District Court Finds that Securities Exchange Act Covers Stock "Float" Manipulation

In a self-described “precedent-setting” order, the US District Court for the Eastern District of Pennsylvania recently found that the Securities Exchange Act of 1934 (Exchange Act) can apply to a scheme aimed at gaining...more

2/7/2013 - Motion to Dismiss Officers Rule 10b-5 Rule 12 Motions Section 10 of the Exchange Act Securities Exchange Act Stock Float

33 Results
|
View per page
Page: of 2