Constitutional Law › Securities Law › Commercial Law & Contracts

New York State Court Dismisses RMBS Putback Action Against Nomura As Time-Barred

On May 10, Justice Sherwood of the Supreme Court of the State of New York dismissed on statute of limitations grounds an RMBS putback action brought against Nomura Credit & Capital, Inc. (Nomura)....more

SEC Files Initial Brief in Conflict Minerals Rule Case

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business...more

Californians Like To Whistle While They Work

California Ranked No. 1! The staff at the Securities and Exchange Commission recently released the 2012 Annual Report on the Dodd-Frank Whistleblower Program. It turns out that California leads the other states in...more

DISPUTE RESOLUTION: Oil & Gas Litigation: SEC Sued Over Dodd-Frank Extractive Industries Rule

A divided Securities and Exchange Commission (SEC) recently adopted a rule affecting publicly-traded oil, gas, and mining companies. The Commission promulgated these regulations pursuant to Section 1504 of the Dodd-Frank Act....more

Stamp Duty Tax: How to Calculate It?

Almost everybody who is involved in any commercial transaction has to deal with creating, authorizing or validating a number of official documents. Hence it would serve him well to know about stamp duty, which is nothing but...more

Appellate Law and Securities Litigation Alert: A Challenge to the Constitutionality of the Public Company Accounting Oversight...

In a case that could have far-reaching effects on every single public company’s auditing and accounting practices—or, even more broadly, on the shape of present and future federal regulatory schemes—the Supreme Court heard...more

Free Enterprise Fund et al., v. Public Company Accounting Oversight Board

Brief for The CATO Institute & Professors Larry Ribstein and Henry Butler as Amici Curiae in Support of Petitioners

Passed with scant deliberation amid a stock market panic, the Sarbanes-Oxley Act of 2002 vastly expanded the federal government's role in regulating corporate governance and the accounting industry. As part of that effort,...more

Stoneridge Investment Partners v. Scientific-Atlanta: The Political Economy of Securities Class Action Reform, by A.C. Pritchard

Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.1 is the latest in a series of recent Supreme Court decisions restricting securities class actions. The Court?s holding in Stoneridge?rejecting scheme liability...more

Securities Litigation, Enforcement, and White-Collar Criminal Defense Newsletter, Summer 2008

In This Issue This edition of the Securities Litigation, Enforcement, and White-Collar Criminal Defense Newsletter opens with an overview of recent trends in enforcement of the Foreign Corrupt Practices Act, an area in...more

California Supreme Court Affirms "Continuous Stock Ownership Requirement" for Plaintiffs in Derivative Shareholder Litigation

The California Supreme Court ruled today in Grosset v. Wenaas, No. S139285 (February 14, 2008), that California law includes a “continuous stock ownership requirement” for plaintiffs in derivative shareholder actions. The...more

Complaint Dismissed – Delaware Court Issues Significant Backdating Decision

Complaint Dismissed – Delaware Court Issues Significant Backdating Decision On June 7, Vice Chancellor Strine of the Delaware Chancery Court issued a significant 75-page decision in a stockholder’s derivative action...more