Securities Law, Civil Procedure, Criminal Law

Second Circuit Bars Criminal Defendant from Accessing Assets Frozen by Regulators

by Elizabeth D. Langdale, Michael Rosensaft | Katten Muchin Rosenman LLP on 4/17/2013

The US Court of Appeals for the Second Circuit recently upheld a district court’s refusal to release nearly $4 million in assets frozen by the Securities and Exchange Commission and the Commodity Futures Trading Commission to...more

Corporate and Financial Weekly Digest - April 12, 2013

by Katten Muchin Rosenman LLP on 4/15/2013

In this issue: - SEC and CFTC Adopt Joint Rules to Help Protect Investors from Identity Theft - CME Block Trade Advisories Clarify Nonpublic Information Restrictions - CFTC Staff Issues No-Action...more

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

by Bloomberg Law on 4/10/2013

April 10 (Bloomberg Law) -- Why the Residential Capital LLC examiner's report will cost almost $83 million is the first item on the new Bloomberg bankruptcy video with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy...more

Courts Diverge on the Reach of Personal Jurisdiction in FCPA Cases Against Foreign Defendants

by King & Spalding on 3/13/2013

Last month, two federal judges in the Southern District of New York reached differing conclusions about the minimum contacts required for U.S. courts to exercise personal jurisdiction over foreign defendants in civil...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - March 8, 2013

by BuckleySandler LLP on 3/11/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - CRIMINAL ENFORCEMENT -...more

Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the FCPA

by Thad McBride, Cheryl Palmeri | Sheppard Mullin Richter & Hampton LLP on 3/11/2013

A New York federal district court judge has dismissed a Foreign Corrupt Practices Act (“FCPA”) claim against a former executive of Siemens, S.A. Argentina and Siemens Transportation Systems for lack of personal jurisdiction. ...more

Third Circuit Reinforces Limits to Directors' Exposure for Misconduct by Corporate Employees

by John Stigi | Sheppard Mullin Richter & Hampton LLP on 3/8/2013

In Belmont v. MB Investment Partners, Inc., No. 12-1580, 2013 WL 646344 (3d Cir. Feb. 22, 2013), the United States Court of Appeals for the Third Circuit held that a mere failure by corporate directors to oversee enforcement...more

Corporate and Financial Weekly Digest - March 1, 2013

by Katten Muchin Rosenman LLP on 3/4/2013

In this issue: - Recent SEC Speeches Focus on Investor Protection and Disclosure - SEC 2013 Examination Priorities - CFTC Revises Clearing Compliance Schedule for iTraxx CDS Indices - SEC Division...more

Supreme Court in Gabelli: Clock Starts Ticking When Fraud Occurs, Not When It's Discovered

by Robert J. Anello | Morvillo Abramowitz Grand Iason & Anello P.C.... on 2/27/2013

The law requires the SEC to bring enforcement actions seeking penalties against individuals who violate the securities laws within five years. The Supreme Court issued a unanimous ruling today that rejects the SEC’s argument...more

Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims [Video]

by Bloomberg Law on 2/27/2013

Feb. 27 (Bloomberg) -- Money stolen from victims of the Bernie Madoff Ponzi scheme is earmarked for someone who may have been an accomplice in the fraud, and the agreement is being kept secret by a federal district judge. ...more

Southern District of New York Ruling May Present Challenges for FCPA Defendants

by William H. Devaney, Geoffrey Garinther, Nancy Grunberg, Jan Lawrence Handzlik, Hillary Profita | Venable LLP on 2/27/2013

A recent ruling in the Southern District of New York rejected two defenses in a Foreign Corrupt Practices Act (FCPA) case, resulting in an interpretation of the law that could have damaging consequences for defendants who are...more

Two Recent Decisions Provide Rare Guidance on the FCPA’s Reach Over Foreign Nationals

by Ropes & Gray LLP on 2/27/2013

Two recent district court decisions have shed light on the reach and scope of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign nationals: SEC v. Straub and SEC v. Sharef. For companies and individuals operating...more

SDNY Favors the SEC in Foreign Corrupt Practices Act Action Involving Novel Issues of Statutory Interpretation

by Joseph E. Gallo, Emily Stern | Katten Muchin Rosenman LLP on 2/26/2013

In a case addressing an issue of first impression involving the Foreign Corrupt Practices Act (FCPA), the US District Court for the Southern District of New York adopted an expansive interpretation of the statute’s interstate...more

In What Circumstances Can Foreign Nationals Be Held Liable for Violating The Foreign Corrupt Practices Act?

by Michael Gilbert, Darla Woodring | Dechert LLP on 2/25/2013

In the last two weeks, in two separate SEC enforcement actions, judges in the United States District Court for the Southern District of New York issued rulings addressing when the United States Securities and Exchange...more

District Court Decision Limits the Extraterritorial Reach of the FCPA

by Benjamin D. Klein, George J. Terwilliger III | Morgan Lewis on 2/25/2013

Judge in Siemens case seeks "limiting principle" for the exercise of personal jurisdiction over foreign defendants and concludes that mere support for a bribery scheme by a foreign defendant is insufficient to establish...more

Increased Risk of FCPA Prosecution of Foreign National Executives of U.S. Issuers: Recent Court Decision Allows Open-Ended Statute...

by Anthony D. Mirenda, Gare Smith | Foley Hoag LLP on 2/19/2013

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act ("FCPA”). The decision from the federal district court in New York denied...more

New FCPA Decision: How Long is the FCPA’s Reach?

by Paul T. Friedman, Adam Hunt, Ruti Smithline | Morrison & Foerster LLP on 2/15/2013

A little more than a year after Deustche Telekom (“DT”) and Magyar Telekom entered into multi-million dollar settlements with the SEC and DOJ to resolve claims that the two companies violated the FCPA, three former Magyar...more

Second Circuit Denies Investor's Second Appeal for New Trial

by Emily Stern | Katten Muchin Rosenman LLP on 12/6/2012

Frederic Bourke Jr. (Bourke) recently lost a second appeal stemming from his 2009 conviction for violating the Foreign Corrupt Practices Act (FCPA). That conviction arose out of Bourke’s investment in a venture that sought a...more

Business Litigation Report -- September 2012

by Quinn Emanuel Urquhart & Sullivan, LLP on 9/27/2012

In This Issue: Trial Update; Internet Litigation Update; Russia Litigation Update; Analysis: The Federal Circuit’s Transocean Decision on Offer-To-Sell Infringement; Securities Litigation Update; Victory in Criminal...more

Appeals Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions

by Jeff Ifrah on 6/26/2012

We recently blogged about the recent decision of the U.S. Court of Appeals for the 11th Circuit in Securities and Exchange Commission v. Goble, 2012 WL 1918819 (11th Cir. May 29, 2012). There, we discussed the appeals...more

E.D.N.Y. Judge Highlights SEC’s Limited Enforcement Powers

by Brooks Pierce on 6/25/2012

In November 2009, a federal jury in Brooklyn acquitted Ralph Cioffi and Matthew Tannin of securities fraud charges arising from the failure of their hedge fund at Bear Stearns. The case was noteworthy because it was one of...more

Should Rajat Gupta Take The Stand? [Video]

by Bloomberg Law on 5/31/2012

May 31 (Bloomberg Law) -- Richard Holwell, founding partner at Holwell Shuster & Goldberg LLP, talks with Bloomberg Law's Lee Pacchia about whether Goldman Sachs board member Rajat Gupta should take the witness stand in his...more

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Securities Law › Civil Procedure › Criminal Law

Second Circuit Bars Criminal Defendant from Accessing Assets Frozen by Regulators

Corporate and Financial Weekly Digest - April 12, 2013

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

Courts Diverge on the Reach of Personal Jurisdiction in FCPA Cases Against Foreign Defendants

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - March 8, 2013

Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the FCPA

Third Circuit Reinforces Limits to Directors' Exposure for Misconduct by Corporate Employees

Corporate and Financial Weekly Digest - March 1, 2013

Supreme Court in Gabelli: Clock Starts Ticking When Fraud Occurs, Not When It's Discovered

Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims [Video]

Southern District of New York Ruling May Present Challenges for FCPA Defendants

Two Recent Decisions Provide Rare Guidance on the FCPA’s Reach Over Foreign Nationals

SDNY Favors the SEC in Foreign Corrupt Practices Act Action Involving Novel Issues of Statutory Interpretation

In What Circumstances Can Foreign Nationals Be Held Liable for Violating The Foreign Corrupt Practices Act?

District Court Decision Limits the Extraterritorial Reach of the FCPA

Increased Risk of FCPA Prosecution of Foreign National Executives of U.S. Issuers: Recent Court Decision Allows Open-Ended Statute...

New FCPA Decision: How Long is the FCPA’s Reach?

Second Circuit Denies Investor's Second Appeal for New Trial

Business Litigation Report -- September 2012

Appeals Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions

E.D.N.Y. Judge Highlights SEC’s Limited Enforcement Powers

Should Rajat Gupta Take The Stand? [Video]

Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical" [Video]

SEC Changes Policy on Admitting Guilt in Settlements of Enforcement Actions

New Trend Admitting Wiretap Evidence in Insider Trading Cases

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims [Video]

Should Rajat Gupta Take The Stand? [Video]

Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical" [Video]

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