News & Analysis as of

Hedge Funds Motion to Dismiss

King & Spalding

K&S Wins Dismissal with Prejudice for Jack Cooper Holdings and Officers

King & Spalding on

On March 8, 2019, King & Spalding partners Rich Marooney and Paul Straus and senior associate Evan Ennis won the dismissal with prejudice of a Section 10(b) securities fraud complaint against automotive transportation and...more

Sheppard Mullin Richter & Hampton LLP

Recent Development in Regulatory Enforcement of Digital Securities

In a flurry of activity and confluence of developments, the SEC, FINRA and a Brooklyn federal judge have commenced actions and made rulings that continue to define the regulatory framework and obligations surrounding the sale...more

Patterson Belknap Webb & Tyler LLP

Federal Agent’s Misrepresentation in LG Search Warrant Affidavit Insufficient to Clear Qualified Immunity Hurdle

In Ganek v. Leibowitz, No. 16-1463 (2d Cir. Oct. 17, 2017) (Raggi, Chin, Carney), the Second Circuit reversed and remanded a district court’s determination that federal law enforcement authorities were not entitled to...more

Orrick - Finance 20/20

New York Appellate Court Upholds ACA’s Fraud Suit Against Goldman Sachs

Orrick - Finance 20/20 on

On August 18, 2015, the New York Appellate Division’s First Department held that ACA Financial Guaranty Corp. adequately pled its fraud suit against Goldman Sachs Group Inc. A four-judge panel held that ACA sufficiently...more

Katten Muchin Rosenman LLP

Section 16(b) Decision Provides Important Guidance

A recent opinion by the US District Court for the Southern District of New York denying a motion to dismiss “short-swing” profit claims under Section 16(b) of the Securities Exchange Act of 1934 against members of an alleged...more

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