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Michael S. Gordon

Michael S. Gordon

Katten Muchin Rosenman LLP


Latest Publications

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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

Fourth Circuit Affirms Finding of No Fifth Amendment Violation in Connection with 45-Year Conviction for $100 Million Investment...

The US Court of Appeals for the Fourth Circuit recently affirmed a defendant’s conviction and 45-year sentence, holding that the defendant’s Fifth Amendment rights had not been violated where the government simply had limited...more

2/6/2013 - Convictions Criminal Prosecution Fifth Amendment Investment Schemes

Fourth Circuit Affirms Dismissal of Antitrust Claims Against Data Transfer Provider

The US Court of Appeals for the Fourth Circuit affirmed the holding of the lower court, which granted GXS, Inc.’s motion to dismiss plaintiff Loren Data Corporation’s antitrust claims against GXS. Both parties provide...more

1/10/2013 - Data Transfer Providers Dismissals Sherman Act

District of Colorado Dismisses, in Part, Securities Fraud Claims in Ponzi Scheme Suit

The US District Court for the District of Colorado considered several motions to dismiss a class-action suit filed by plaintiff Touchtone Group, LLC to recover damages resulting from a Ponzi scheme devised by Mantria...more

1/10/2013 - Dismissals Ponzi Scheme SEC Securities Fraud

Fourth Circuit Affirms Dismissal of Antitrust Claims Against Data Transfer Provider

The US Court of Appeals for the Fourth Circuit affirmed the holding of the lower court, which granted GXS, Inc.’s motion to dismiss plaintiff Loren Data Corporation’s antitrust claims against GXS. Both parties provide...more

1/9/2013 - Data Transfer Providers Dismissals Sherman Act

Court Finds Personal Jurisdiction over Foreign Business Under a Conspiracy Theory

The Delaware Supreme Court recently held that a foreign business entity was subject to personal jurisdiction in the state of Delaware under a conspiracy theory. The foreign defendant allegedly conspired with other defendants...more

12/13/2012 - Conspiracies Joint Venture Personal Jurisdiction

Former Hedge Fund Founder Ordered to Pay $5 Million for Securities Law Violations

The US District Court for the Southern District of New York recently ordered the investment adviser to two hedge funds, and its managing director, to pay nearly $5 million in disgorgement, prejudgment interest and civil...more

12/13/2012 - Disgorgement Hedge Funds Investment Adviser Penalties SEC Securities

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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