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Securities Fraud Federal Rules of Civil Procedure

Lowenstein Sandler LLP

Supreme Court: SEC Cannot Force Defendants in Civil-Penalty, Antifraud Enforcement Actions To Litigate Before the Commission...

Lowenstein Sandler LLP on

The U.S. Supreme Court recently decided SEC v. Jarkesy. That decision held that individuals subject to U.S. Securities and Exchange Commission (SEC or Commission) enforcement actions in which the SEC seeks civil penalties for...more

Paul Hastings LLP

The Consequential Impact of the Supreme Court’s Monumental Ruling in SEC v. Jarkesy

Paul Hastings LLP on

On June 27, 2024, the Supreme Court of the United States issued its decision in SEC v. Jarkesy, holding that the Securities and Exchange Commission (“SEC”) must prosecute securities fraud before a federal court whenever it...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Securities Fraud

This week, the Court addresses the pleading standard for a claim of false or misleading statements in connection with a tender offer under Section 14(e) of the Securities Exchange Act of 1934. The Court holds that...more

ArentFox Schiff

Investigations Newsletter: DOJ Secures $5.6 Billion in False Claims Act Recoveries in Fiscal Year 2021 

ArentFox Schiff on

DOJ Secures $5.6 Billion in False Claims Act Recoveries in Fiscal Year 2021 - On February 1, 2022, the U.S. Department of Justice (DOJ) announced that the Department recovered approximately $5.6 billion in False Claims Act...more

Goodwin

Federal Reserve Hints at Government-Backed Cryptocurrency

Goodwin on

Federal Reserve Hints at Government-Backed Cryptocurrency; Third Circuit Affirms Dismissal of Securities Fraud Class Action Against Shutterfly Inc. Regarding Allegedly Misleading Financial Projections; Ninth Circuit Holds...more

Mintz - Securities Litigation Viewpoints

Teva Putative Federal Securities Class Member Seeks to Toll Statute of Repose with Motion to Intervene

The United States District Court of the District of Connecticut will soon decide whether a putative class member may intervene “for the limited purpose of tolling the statute of repose.” Statutes of repose place an outer...more

Allen Matkins

Court Finds Section 12(a) Claim Fails For Failure To Plead Scienter?

Allen Matkins on

I recently covered liability under Sections 11 and 12 of the Securities Act of 1933 in the securities regulation course that I teaching at the University of California, Irvine School of Law. Thus, I was interested to read a...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Though he was apparently ready to go with his “verbal agreement with the Saudis” defense, Elon Musk capitulated to pressure “from his lawyers and investors of Tesla” and agreed to resolve all SEC allegations of wrongdoing,...more

Allen Matkins

Applying Today’s Statute To Yesterday’s Offer And Sale

Allen Matkins on

In September 2013, Governor Jerry Brown signed SB 538 (Hill) into law. This bill fundamentally rewrote a key anti-fraud provision of the Corporate Securities Law of 1968 – Corporations Code Section 25401. At the time, I...more

Allen Matkins

Court Declines To Apply Rule 9(b) To Section 25401 Claim

Allen Matkins on

A complaint alleging securities fraud under Rule 10b-5 must meet the stringent pleading requirements of Rule 9(b) of the Federal Rules of Civil Procedure as well as the requirements of the Private Securities Litigation Reform...more

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