Franchise Securities Civil Procedure

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Trials Are About Truth; Consent Decrees Are About Pragmatism

I recently wrote about Judge Rakoff’s refusal to enter the SEC’s proposed consent decree in SEC v. Citigroup Global Markets, Inc., 827 F. Supp. 2d 328 (SDNY 2011) – and the shift in SEC enforcement policy that it prompted. ...more

Sharma v. Timminco Limited - Limiting Suspension under Section 28 of the Class Proceedings Act

I. OVERVIEW A recent decision of the Ontario Court of Appeal in Sharma v. Timminco Limited  (Timminco) suggests that a plaintiff and/or class members in a class action must comply with time-limited leave,...more

Chapman v. Rudd Paint and Varnish , 409 F.2d 635 (1969)

Chapman v. Rudd Paint and Varnish

The Ninth Circuit held that the promotional brochure was not part of the agreement, and contained fundamental elements that did not create a security as defined by federal law. The distributor agreement specified that the...more

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