Robert Cohen

Robert Cohen

Orrick, Herrington & Sutcliffe LLP

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Latest Posts › SCOTUS


Better Keep Your Opinions to Yourselves for Now: Second Circuit Doubles Down in Deutsche Bank Ruling in Advance of Supreme Court...

On July 16, 2014, a three-judge Second Circuit panel affirmed the dismissal of a securities class action against Deutsche Bank AG and several underwriters. The case was brought on behalf of investors who purchased...more

7/23/2014 - Banks Deutsche Bank Omnicare SCOTUS Securities Act of 1933

Halliburton Oral Argument: The Fraud-On-The-Market Theory Is “Basic”Ally A Sore Thumb

On March 5, the Supreme Court heard oral arguments in Halliburton v. The Erica P. John Fund. As discussed in previous blog posts, the United States Supreme Court agreed to consider Petitioner Halliburton’s argument to modify...more

3/12/2014 - Basic v Levinson DOJ Fraud-on-the-Market Halliburton v Erica P. John Fund Private Securities Litigation Reform Act of 1995 SCOTUS SEC Securities Fraud Securities Litigation

Shareholder Plaintiffs Score A Class Certification Win From SCOTUS

On Wednesday, the Supreme Court issued its decision in Amgen, Inc. v. Connecticut Retirement Plans. In a 6-3 decision authored by Justice Ginsburg, the Supreme Court handed a win to plaintiffs in securities fraud class...more

3/1/2013 - Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Materiality Rule 23 SCOTUS Securities Fraud

Supreme Court Unanimously Limits SEC’s Ability To Bring Civil Penalty Claims For Conduct Older Than Five Years

In Gabelli v. SEC, a unanimous Supreme Court held that the statute of limitations for “penalty” claims in governmental enforcement actions begins to run from the date of the underlying violation of the law, not when the...more

2/28/2013 - Discovery Rule Discovery Schedule Enforcement Actions Equitable Tolling Fraud Gabelli v SEC Investment Advisers Act of 1940 Sanctions SCOTUS SEC Self-Regulatory Organizations Statute of Limitations

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