The Eleventh Circuit’s opinion last month in FTC v. On Point Capital Partners LLC, et al.,clarifies the ramifications of the Supreme Court’s ruling in AMG Capital Management regarding the prohibition of equitable monetary...more
12/2/2021
/ AMG Capital Management LLC v FTC ,
Asset Freeze ,
Commercial Litigation ,
Disgorgement ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Injunctive Relief ,
Receivership ,
Restitution ,
SCOTUS ,
Statutory Interpretation ,
Unfair or Deceptive Trade Practices
Last week, the SEC announced accumulated awards of over $1 billion paid to 207 whistleblowers since its first award in 2012. Over $500 million was awarded in fiscal year 2021 alone. The SEC crossed the billion-dollar...more
On July 30, 2021, the SEC posted 14 Notices of Covered Actions, after which individuals have 90 calendar days to apply for a whistleblower award. As discussed in our prior post, the SEC publishes these Notices for cases in...more
9/7/2021
/ Breach of Duty ,
Corporate Misconduct ,
Criminal Investigations ,
Enforcement Actions ,
False Statements ,
Misleading Statements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Unregistered Securities ,
Whistleblower Awards ,
Whistleblowers ,
Wire Fraud
On June 30, 2021, the SEC posted six Notices of Covered Actions, for which individuals have 90 calendar days to apply for a whistleblower award. As discussed in our prior post, the SEC publishes Notices for cases in which...more
On May 27, 2021, the United States District Court for the Southern District of Florida dismissed a securities class action against Carnival Corp. (“Carnival”), which operates the world’s largest cruise company, relating to...more
Fiscal year 2020 marked the ten-year anniversary of the Dodd-Frank Wall Street Reform and Consumer Protection Act establishing the Securities and Exchange Commission’s whistleblower program. Since its inception through the...more
On April 10, 2021, the United States District Court for the Southern District of Florida dismissed a securities class action complaint against Norwegian Cruise Lines (“NCL”) relating to the company’s disclosures made as the...more
5/4/2021
/ Class Action ,
Form 10-K ,
Material Misstatements ,
Pleading Standards ,
PSLRA ,
Puffery ,
Rule 10(b) ,
Rule 10b-5 ,
Safe Harbors ,
Scienter ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation
As the world waits to overcome the COVID-19 pandemic, publicly traded pharmaceutical companies waging in that fight are facing the multifaceted challenge of developing COVID-19 responses, informing the public of their...more
COVID-related securities claims continue to rattle the marketplace. On December 7, a leading plaintiffs firm announced an investigation on behalf of shareholders of The Cheesecake Factory Inc., just days after the SEC...more
On July 24, 2020, a panel of the Court of Appeals for the Federal Circuit issued splintered precedential opinions surrounding the interplay of state sovereign immunity under the Eleventh Amendment and required joinder of...more
8/18/2020
/ Abuse of Discretion ,
Eleventh Amendment ,
Exclusive Licenses ,
Federal Rule 12(b)(1) ,
FRCP 19 ,
FRCP 19(a) ,
FRCP 19(b) ,
IP License ,
Joinder ,
Patent Infringement ,
Patent Litigation ,
Patent-in-Suit ,
Patents ,
Sovereign Immunity ,
University of Texas
Last month, the Court of Appeal of England and Wales granted permission for Eurasian Natural Resources Corp. Ltd. (“ENRC”) to appeal the May 2017 decision by the High Court relating to a dispute over the legal professional...more
Recently, the U.S. Supreme Court clarified in Goodyear Tire & Rubber Co. v. Haeger that even a district court’s exercise of broad discretion to impose a civil sanction for a litigant’s bad faith conduct has to be limited by a...more
7/5/2017
/ Attorney's Fees ,
Bad Faith ,
But For Causation ,
Compensatory Awards ,
Discovery ,
Discovery Disputes ,
Goodyear Tire & Rubber Co. v Haeger ,
Judicial Discretion ,
Litigation Fees & Costs ,
Remand ,
Reversal ,
Sanctions ,
SCOTUS ,
Settlement ,
Standard of Review ,
Willful Misconduct
On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more
12/8/2016
/ Appeals ,
Appellate Jurisdiction ,
Attorney-Client Privilege ,
Burden of Proof ,
Clear and Convincing Evidence ,
Compulsory Claims ,
Counterclaims ,
Discovery ,
Discovery Disputes ,
Document Productions ,
Jurisdiction ,
Motion to Compel ,
Patent Infringement ,
Privilege Logs ,
Standard of Review ,
Writ of Mandamus
The question of federal court jurisdiction over arbitration proceedings has historically led to different conclusions. A few years ago, the United States Supreme Court clarified in Vaden v. Discover Bank that Section 4 of...more
10/12/2016
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Federal Arbitration Act ,
Federal Question Jurisdiction ,
Judicial Review ,
Jurisdiction ,
Motion to Compel ,
Split of Authority ,
Subject Matter Jurisdiction ,
Vacated
On Tuesday, the Second Circuit in In Re Vitamin C Antitrust Litigation vacated a $147 million award against two Chinese companies for engaging in anti-competitive behavior. At issue was how a federal court should respond...more
9/23/2016
/ Anti-Competitive ,
Antitrust Violations ,
Cartels ,
China ,
Comity ,
Corporate Counsel ,
Foreign Governments ,
Foreign Sovereigns ,
Motion to Dismiss ,
Nutritional Supplements ,
Price-Fixing ,
Summary Judgment