Securities Law › Personal Injury

$193 Million RMBS Suit Against Countrywide Dismissed as Untimely

On January 10, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California dismissed a $193 million suit brought by mutual fund Asset Management Fund against several Bank of America...more

BLG Monthly Update for September 2012

Welly-wanging, Elvis memorabilia, insider trading and the usual neat contracts cases -- all this and more in the BLG Monthly Update for 2012!...more

Is a Fractured Left Knee a Serious and Permanent Injury?

In Ontario, your entitlement to receive any pain and suffering damages may be contested, even when you suffer an injury like a fracture knee....more

Reviewing Depos on Your iPad - Review of TranscriptPad: Of Bricks and Hammers

If you’re in need of a quick and easy method of reviewing depos, running searches, assigning issue codes, adding notes and marking designations with your iPad, Lit Software, makers of the popular TrialPad app, have...more

Credit Rating Agencies’ Opinions Are Not Immune

Recently, U.S. District Judge Shira A. Scheindlin, Southern District of New York, rejected the contentions of Morgan Stanley & Co. Inc. and several ratings agencies, including Standard & Poor’s, Moody’s and Fitch, that credit...more

New York Court of Appeals’ Clarification of the Martin Act Opens Door for Common Law Claims in Securities Cases

The New York Court of Appeals recently held that the Martin Act — New York’s “Blue Sky” law — does not preclude private plaintiffs from pursuing common law claims such as fraud and negligent misrepresentation relating to...more

Suit Arising Out of SEC's Failure to Detect Madoff Ponzi Scheme Barred by Sovereign Immunity

The U.S. District Court for the Southern District of New York granted defendant United States' motion to dismiss a complaint brought by former investors in the investment advisory firm Bernard L. Madoff Investment...more

Judiciary Opinions on Technology in Trial

“Juries seem to love visuals, even if it’s just jury instructions. I see it more and more.” -- Hon Jerome E. Brock, Santa Clara County Superior Court A recent article in the San Jose Mercury News...more

A Monday Miscellany

Apparently, the Business/Corporate Law Section of the San Diego County Bar Association does not suffer from triskaidekaphobia, friggatriskaidekaphobia, or even paraskevidekatriaphobia because it has scheduled a very...more

Second Circuit Clarifies Standard Regarding Knowledge Of Facts That Constitute A Securities Fraud Violation For Purposes Of...

In City of Pontiac General Employees’ Retirement System v. MBIA, Inc., 2011 U.S. App. LEXIS 3813 (2d Cir. Feb. 28, 2011), the United States Court of Appeals for the Second Circuit delineated the standard needed to asses how...more

District Court Finds Failure to Disclose All Relevant Information Renders Statements Misleading

The U.S. District Court for the District of Connecticut denied defendants’ motion to dismiss plaintiff’s complaint for securities fraud brought under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The...more

New York High Court Exonerates Advisers for Aiding and Abetting Corporate Fraud

The Delaware Supreme Court recently affirmed a judge's order dismissing a derivative action fined against American International Group's outside auditor, PricehouseCoopers. Teacher's Ret. Sys. of La. v. PricehouseCoopers LLP,...more

Online Broker Not Liable for Preventing Investor from Losing Money

On January 4, 2011 the U.S. District Court for the Eastern District of California issued unpublished opinion dismissing claims by an investor against online broker TD Ameritrade. In Holland v. TD Ameritrade, Inc., 2011 U.S....more

Structured Finance Litigation Update

Waivers Not Always a Bar to Claims: Judge Scheindlin of the Southern District of New York dealt a blow to defendants in securities fraud cases in an October 29, 2010 decision in King County v. IKB Deutsche Industriebank....more

Fifth Circuit Rejects Section 10(b) Scheme Liability in Absence of Explicit Attribution of Conduct or Statements to Defendant

In Affco Investments 2001 LLC v. Proskauer Rose L.L.P., No. 09-20734, 2010 WL 4226685 (5th Cir. Oct. 27, 2010), the United States Court of Appeals for the Fifth Circuit held that a law firm which allegedly assisted in...more

Directors Subject to Personal Liability for Alleged Securities Fraud

The principals of a pharmaceutical company could be held personally liable for securities fraud based on allegations that the defendants misled investors and used the firm as an alter ego for their own interests. Please...more

Stay of Discovery Under PSLRA Does Not Apply During All Motions to Dismiss

Plaintiff brought a claim for securities fraud against a medical device corporation and certain employees, officers and board members of the corporation. Several defendants (the moving defendants) filed motions to dismiss the...more

United States Supreme Court Clarifies Statute Of Limitations For Private Securities Fraud Actions

In Merck & Co. v. Reynolds, No. 08-905, 2010 U.S. LEXIS 3671 (Apr. 27, 2010), the Supreme Court of the United States held that a private securities fraud claim accrues for statute of limitations purposes at the earlier of...more

Georgia's Take On Holmes V. Grubman

Law360, New York (March 09, 2010) -- On Feb. 8, 2010, the Georgia Supreme Court issued an opinion in response to three certified questions submitted by the U.S. Court of Appeals for the Second Circuit, holding that, under...more

"Il delicato ruolo del penalista"

Articolo - intervista di Ezio Petrillo per "Dossier Lazio", allegato a Il Giornale e diretto dall'On. Raffaele Costa, sui temi del giusto processo, dei rapporti con l'assistito e sulle problematiche più ricorrenti...more

USA Technologies, Inc. v. John Doe et al.

Complaint

In August of 2009, Pennyslvania-based company USA Technologies filed a federal lawsuit against two Yahoo! message board posters who roundly criticized what they claim is the the consistently poor performance of USA...more

Investor Alert: Swindled But Still Liable - An Innocent Ponzi Scheme Investor May Have To Pay Back Funds Received

A Ponzi scheme is a financial fraud that operates by transferring funds received from new investors to previous investors under the fiction that the funds being transferred are profits from a legitimate enterprise. Thus, as...more

Cross-Border Whistleblower Protection by Tom Hakemi

The fraud scandals that rocked the U.S. economy at the beginning of this decade have led governments to re-examine legislation to protect whistleblowers. In the last issue of this newsletter, Karl Gustafson discussed Canada's...more