Former U.S. District Judge Gerald Rosen, the Special Master appointed to investigate alleged improper billing by class plaintiffs’ firms in Arkansas Teacher Retirement System v. State Street Bank and Trust Company,...more
7/19/2018
/ Attorney's Fees ,
Breach of Duty ,
Class Action ,
Class Members ,
Disgorgement ,
Duty of Candor ,
Failure To Disclose ,
Fee-Sharing ,
FRCP 11 ,
FRCP 23 ,
Institutional Investors ,
Recusal ,
Rules of Professional Conduct ,
Securities and Exchange Commission (SEC) ,
Special Master
This case stems from alleged misstatement made by Volkswagen Group of America Finance (“VWGoAF”) in an Offering Memorandum governing the issuance of three sets of bonds. The bonds were offered in private placements with...more
5/25/2018
/ Bondholders ,
Bonds ,
Class Action ,
Direct Purchasers ,
Fraud-on-the-Market ,
Investors ,
Material Misstatements ,
Motion to Dismiss ,
Private Placements ,
R&D ,
Rule 10(b) ,
Rule 144A ,
Scienter ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Volkswagen
The U.S. Supreme Court‘s 2017 term begins October 2nd and we will be tracking at least three cases relevant to institutional investors:
•Cyan, Inc. v. Beaver County Employees Retirement Fund
•Digital Realty Trust v....more
9/13/2017
/ Anti-Retaliation Provisions ,
Class Action ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Failure To Disclose ,
Institutional Investors ,
Internal Reporting ,
Item 303 ,
Leidos Inc v Indiana Public Retirement System ,
NVIDIA ,
Regulation S-K ,
Removal ,
Rule 10(b) ,
Rule 10b-5 ,
Sarbanes-Oxley ,
SCOTUS ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
SLUSA ,
State Securities Claims ,
Whistleblowers
Recently, the United States District Court for the Northern District of California (the “Court”) dismissed claims against Yahoo, Inc., holding that a 16-year old exemption granted to Yahoo by the Securities and Exchange...more
A December 22, 2015 decision of the U.S. District Court of the Southern District of Florida in In re Ocwen Financial Corporation Securities Litigation illustrates the impact that an investigation and order of the Securities...more
In its 2010 Morrison decision, the Supreme Court decided that Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (“Section 10(b)”),only reaches “transactions in securities listed on domestic exchanges”...more
Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative....more
5/6/2014
/ Broker-Dealer ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Identity Theft ,
OCIE ,
Red Flags Rule ,
Securities and Exchange Commission (SEC)
On April 15, 2014 the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative....more
I. Introduction -
a. Legislative history of the Securities Act of 19331 (“Securities Act”) and the Securities Exchange Act of 19342 (“Exchange Act” and collectively, the “Acts”).
..i. Congress passed the Acts...more