Dorsey & Whitney LLP

Supreme Court Agrees To Hear Securities Case

The Supreme Court agreed to hear another securities case this week. Leidos, Inc. v. Indiana Public Retirement System, No. 16-581. The only other securities action currently on the High Court’s docket is Kokesh v. Securities and…more
| Business Organizations, Civil Procedure, Criminal Law, Securities Law

Damages: The Dark Side of Having Employees in the United States

Canadian employment law is, in many ways, far more employee favorable than U.S. employment law. With the exception of a few states, employment in the United States is “at-will.”…more
| Civil Remedies, Labor & Employment Law

SEC Adopts T+2 Settlement Cycle

On March 22, 2017, the Securities and Exchange Commission adopted an amendment to Rule 15c6-1(a) to shorten by one business day the standard settlement cycle for most broker-dealer securities transactions. Currently, the…more
| Business Organizations, Finance & Banking, Science, Computers, & Technology

SEC Obtains Freeze Order In Suspicious Trading Case

Suspicious trading cases have become a staple of SEC insider trading enforcement. Typically the cases involve outsized trading in advance of a significant corporate event. The only way for the SEC to avoid the possible transfer…more
| Business Organizations, Securities Law

This Week In Securities Litigation

The number of settlements in securities class actions increased last year, according to Cornerstone Research. That fact, along with a finding that the amount of those settlements also increased, is detailed in the firm’s latest…more
| Business Organizations, Civil Procedure, Securities Law

The Supreme Court - March, 2017 #3

The Supreme Court of the United States issued decisions in three cases today: Czyzewski v. Jevic Holding Corp., No. 15-649: Respondent Jevic Transportation filed for Chapter 11 bankruptcy. This spawned two lawsuits…more
| Bankruptcy, Education, Finance & Banking, Intellectual Property

Sis Boom Bah – Supreme Court Extends Copyright Protection to Cheerleading Uniform Designs

In a decision announced today, the Supreme Court held that Varsity Brands is entitled to assert copyright protection in two-dimensional designs featured on its cheerleading uniforms. These designs consist of various lines,…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

The Supreme Court - March, 2017 #2

The Supreme Court of the United States issued decisions in three cases today: SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927: Petitioner SCA Hygiene Products Aktiebolag (“SCA”) brought a…more
| Administrative Law, Civil Procedure, Constitutional Law, Criminal Law, Labor & Employment Law

Lanham Act Lesson: Dropbox Drop Kicks Opponent and Scores Attorneys’ Fees Award

As the sun set on 2016, the 9th Circuit Court of Appeals in Sunearth, Inc. v. Sun Earth Solar Power, Co. embraced a new standard for awarding attorneys’ fees in Lanham Act cases. Adopting the U.S. Supreme Court’s rationale in…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Securities Class Action Settlements: Dollars, Numbers Are Up

The trends in securities class actions are up. The number of cases filed last year was up as previously reported. The number of settlements in 2016 was up. The amount of those settlements was up. The number of mega settlements…more
| Business Organizations, Civil Remedies, Securities Law

Senate Banking Committee Focused on Deregulation

On March 9, 2017, the Senate Banking Committee passed a series of four bills focused on deregulation, including one that would make it easier for privately held companies to issue stock awards through equity compensation plans…more
| Business Organizations, Elections & Politics, Finance & Banking, Securities Law

Securities Law Recidivist Pleads Guilty in Offering Fraud Case

The Commission and the DOJ have recently brought a number of securities fraud cases in which a key person in the misconduct concealed a prior criminal conviction for securities related offenses from investors. Another case in…more
| Business Organizations, Criminal Law, Finance & Banking, Securities Law

This Week In Securities Litigation

The Commission brought two insider trading cases this week, one which is being litigated and another that settled prior to filing. The agency also brought a financial fraud action against five firm executives who essentially…more
| Business Organizations, Criminal Law, Finance & Banking, Immigration Law, Securities Law

Listing Reform in Hong Kong

In June 2016, the Securities and Futures Commission (the “SFC”) and the Stock Exchange of Hong Kong Limited (the “HKEx”) issued a joint consultation paper (the “Consultation Paper”) in which they proposed to change the current…more
| Business Organizations, Securities Law

FedEx Can Keep On Copying for Creative Commons Licensee

Fed Ex Office and Print Services recently scored a victory in Great Minds v. FedEx Office and Print Services, Inc., securing dismissal of a copyright infringement action based on the copying of educational materials for school…more
| Civil Procedure, Education, Intellectual Property
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