Owen Pell

Owen Pell

White & Case LLP

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The Second Circuit Limits the Power of Courts to Enforce Asset Restraints and Discovery Orders Against Foreign Banks: Tiffany (NJ)...

In Tiffany (NJ) LLC v. China Merchants Bank and Gucci America, Inc. v. Bank of China, the US Second Circuit Court of Appeals issued important rulings, confirming that the limits on the exercise of US general jurisdiction, set...more

9/25/2014 - Appeals Auto Manufacturers Automotive Industry DaimlerChrysler v Bauman Discovery Extraterritoriality Rules Federal Jurisdiction Foreign Banks Gucci Non-Parties Retailers Tiffany and Company

Loginovskaya v. Batratchenko: The Second Circuit Limits the Reach of Commodities Fraud Claims

In Loginovskaya v. Batratchenko (“Loginovskaya”), the US Court of Appeals for the Second Circuit ruled in a 2-1 opinion that private commodities fraud claims under the Commodity Exchange Act (the “CEA”) may proceed only if...more

9/11/2014 - Appeals Commodities Exchange Act Extraterritoriality Rules Fraud Morrison v National Australia Bank

ParkCentral v. Porsche: The Second Circuit Signals New Lines of Defense to Extraterritorial Securities Fraud Claims

In ParkCentral Global Hub Ltd. v. Porsche Automobile Holdings SE (“ParkCentral”), the US Court of Appeals for the Second Circuit held that domestic securities transactions that did not involve the foreign defendant, whose...more

8/29/2014 - Extraterritoriality Rules Fraud Porsche Securities Exchange Act Securities Fraud

Halliburton Co. v. Erica P. John Fund, Inc.: The US Supreme Court Confirms That Defendants in Securities Fraud Cases May Rebut...

The US Supreme Court’s decision in Halliburton Co. v. Erica P. John Fund, Inc., Slip op., No. 13-317 (Jun. 23, 2014), unanimously held that before certifying a class in a securities fraud case, federal courts must allow...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

City of Pontiac: Second Circuit Further Limits When US Securities Laws May Reach Non-US Securities and Issuers

In City of Pontiac Policemen’s and Firemen’s Retirement System v. UBS AG (“City of Pontiac”), the US Court of Appeals for the Second Circuit clarified an earlier ruling and further limited when US securities laws may reach...more

5/15/2014 - Broker-Dealer City of Pontiac Section 10(b) Securities Exchange Act Securities Litigation

DC Circuit Court of Appeals Upholds Conflict Minerals Disclosure Rules, But Strikes Down Requirement That Companies Label Their...

Last week, the US Court of Appeals for the District of Columbia (“DC Circuit”) issued its long-awaited opinion relating to legal challenges to the Securities and Exchange Commission’s (“SEC”) conflict minerals disclosure...more

4/22/2014 - Conflict Mineral Rules Disclosure Requirements Dodd-Frank First Amendment SEC

US Supreme Court Significantly Limits Where Foreign Companies May Be Sued in US Courts For Claims Unrelated To Their Activities In...

The United States Supreme Court earlier this month issued a major ruling that will significantly limit where corporations may be sued for claims that do not relate to business they may do in a particular place in the U.S. In...more

1/28/2014 - DaimlerChrysler DaimlerChrysler v Bauman Foreign Jurisdictions Foreign Subsidiaries Human Rights Jurisdiction Personal Jurisdiction SCOTUS Subsidiaries

Daimler AG v. Bauman: The US Supreme Court Significantly Limits Where Companies May Be Sued for Claims Unrelated to Their...

The US Supreme Court last week issued a major ruling that will significantly limit where corporations may be sued for claims that do not relate to business they may do in a particular place. In Daimler A.G. v. Bauman, the...more

1/27/2014 - Attorney Generals DaimlerChrysler DaimlerChrysler v Bauman Foreign Jurisdictions Foreign Subsidiaries Human Rights Jurisdiction SCOTUS Subsidiaries

Big Boys Take Big Risks: Big Boy Letter Bars Investor State Law Fraud Claims

A recent federal appellate ruling in favor of Credit Suisse in a fraud action brought by Pharos Capital has strengthened the case for using so-called “Big Boy” letters. Pharos held that a well-drafted Big Boy letter made it...more

12/5/2013 - Big-Boy Letters Fraud Investors Securities Fraud

Potential Circuit Split Creates an Uncertain Future for Whistleblower Protection of Internal Reporting: Asadi v. G.E. Energy...

The Dodd-Frank Whistleblower Program - The Dodd-Frank Act amended the Securities Exchange Act of 1934 by creating protections and rewards for anyone who provides information that helps the SEC in enforcing the law....more

7/31/2013 - Conflicts of Laws Dodd-Frank SEC Securities Exchange Act Whistleblower Awards Whistleblower Protection Policies Whistleblowers

Kiobel v. Royal Dutch Petroleum: Beyond the Alien Tort Statute—Broadly Extending the Presumption Against the Extraterritorial...

Since the Second Circuit decided Filártiga v. Pena-Irala in 1980, plaintiffs have deployed the Alien Tort Statute (“ATS”) to great effect against multinational corporations. The statute — which had lain dormant since 1789 —...more

4/26/2013 - Alien Tort Statute Extraterritoriality Rules Kiobel v. Royal Dutch Petroleum Co. Royal Dutch Petroleum

Raising the Bar: HUD Issues New Rule Imposing More Demanding Standard for Defending Against Discrimination Claims Under the Fair...

The Department of Housing and Urban Development (HUD) recently issued a new rule to formalize a national standard for determining whether a housing practice violates the Fair Housing Act (FHA) as the result of a...more

3/7/2013 - Burden-Shifting Discrimination Discriminatory Effects Rule FHA HUD Land Developers Lenders

Statute of Limitations for Government Enforcement Actions Seeking Civil Penalties Starts When Conduct Occurs, Not When Discovered

In Gabelli v. SEC, 568 US ___ (2013), a unanimous Supreme Court reversed the Second Circuit and held that the five-year statute of limitations for Government civil penalty enforcement actions under 28 U.S.C. §2642 begins to...more

3/6/2013 - Discovery Rule Fraud Gabelli v SEC SCOTUS SEC Statute of Limitations

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