Searching Content indexed under Litigation, Mediation & Arbitration by Richard Rosenfeld ordered by Published Date Descending.
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Salman v. United States: Supreme Court Considers Heightened Personal Benefit Standard For Tipper/Tippee Insider Trading Liability
On October 5, 2016, the United States Supreme Court began hearing argument in Salman v. United States, one of the most closely watched insider trading cases to reach the high court...
United States
6 Oct 2016
Who Knew? The SEC as the Hidden Regulator of Ginnie Mae Issuers
The United States Securities and Exchange Commission ("SEC") continues to bring enforcement actions focused on government-guaranteed residential mortgage backed securities, notably including those guaranteed by the Government National Mortgage Association ("Ginnie Mae" or "GNMA").
United States
27 Jun 2016
US Second Circuit Heightens the Standard of Proof Required To Sustain Tipper/Tippee Insider Trading Convictions
On December 10, 2014, in United States v. Newman, et al., the US Court of Appeals for the Second Circuit clarified the elements required to establish insider trading ..
United States
16 Dec 2014
The SEC Requires Hedge Fund Harbinger Capital and its Manager Falcone to Admit Wrongdoing in Landmark Settlement
The US Securities and Exchange Commission (SEC) recently announced that Philip A. Falcone, a New York-based hedge fund advisor, and the hedge fund he managed, Harbinger Capital Partners LLC (Harbinger Capital), have agreed to settle allegations of misappropriation of client assets, market manipulation and client betrayal.
United States
22 Aug 2013
Into The Breach - Managing Cyber Security Threats In The Digital Age
To ensure the ability to conduct assessments of such vendors and suppliers, a company should use a contract that requires the cooperation of the third party in ongoing security assessments, audits, and incident management, including security breaches.
United States
1 Aug 2013
US Court of Appeals for the Second Circuit Holds Rapid Post-Fraud Stock Rebound Does Not Bar Securities Fraud Suit
The failure to allege economic loss and loss causation—essential elements of a securities fraud claim—should be fatal to a Rule 10b-5 complaint.
United States
6 Aug 2012
US Court Of Appeals for the Second Circuit Clarifies Standard for "Domestic Transactions" Prong of Morrison
In Morrison v. National Australia Bank Ltd., the US Supreme Court sharply restricted the extraterritorial applicability of the antifraud provisions of the securities laws.
United States
25 Apr 2012
Southern District Court Rejects Plaintiffs’ Bid to Conceal Identities of Confidential Witnesses
In the last few years, plaintiffs in securities actions have increasingly relied on allegations attributed to "confidential witnesses."
United States
14 Mar 2012
Second Circuit Rejects Application of RICO to Foreign Criminal Enterprises
The US Supreme Court’s 2010 decision in Morrison v. NAB created a sea change in private securities litigation by sharply limiting the extraterritorial application of the securities laws while employing language suggesting skepticism of extraterritoriality more generally.
United States
9 Feb 2012
California District Court Dismisses Securities Claims Against Chinese Corporation for Failure to Plead Falsity
On November 30, 2011, Judge John A. Kronstadt of the US District Court for the Central District of California dismissed a putative class action brought by shareholders of China Century Dragon Media based on the inconsistencies between revenue and profit figures reported to the US Securities and Exchange Commission (SEC) and the Chinese State Administration for Industry and Commerce (SAIC).
United States
5 Jan 2012
Appellate Division, First Department Rules J.P. Morgan Cannot Require its Insurers to Pay $250 Million SEC Settlement
Settlements with the US Securities and Exchange Commission (SEC) often take the form of a complaint filed contemporaneously with a settlement agreement and administrative order.
United States
3 Jan 2012
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