Litigation

Recent Posts

Ohio Federal Judge Denies Motion To Dismiss Shareholder 'Say On Pay' Lawsuit
Posted on 23 Sep 2011 by Kevin M. LaCroix

Only small a small number of companies experienced a negative "say on pay" vote this past proxy season, but many of the companies that did found themselves hit with a shareholder lawsuit in the wake of the negative vote. Cincinnati Bell is one... Read More

The Week In Securities Litigation: Insider Trading, Dodd-Frank Asset Valuations, Old Scandals Dominate
Posted on 20 Jan 2012 by Thomas O. Gorman

Insider trading, implementing Dodd-Frank, asset valuations and old scandals dominated the securities enforcement litigation this week. The U.S. Attorney's Office in Manhattan and the SEC brought more high profile insider trading cases focused on the... Read More

Word Of The Year For Securities Litigation: 'Whistleblower'
Posted on 24 May 2011 by Kevin M. LaCroix

A number of different organizations generate annual publicity for themselves by designating a word (or words) of the year . We are not yet half way through 2011 but I am already prepared to propose my own candidate for this year's word of the year... Read More

The Week In Securities Litigation: 2 High Profile Enforcement Insider Trading Cases In The News
Posted on 9 Mar 2013 by Thomas O. Gorman

In Congress this week, a bipartisan bill was introduced to roll back part of the Dodd-Frank legislation related to swaps. It would expanded the swaps trading permitted by federally insured banks. Two high profile enforcement insider trading actions were... Read More

Securities Class Action Litigation Follows LIBOR Scandal
Posted on 23 Jul 2012 by Kevin M. LaCroix

At the PLUS D&O Symposium in New York this past March, I participated on a panel entitled, "Financial Institutions Underwriting: Is it Safe to Come Out Yet?" The implication of the panel topic was that perhaps with the passage of the credit... Read More

The Week in Securities Litigation: White Testifies At Confirmation Hearing, SEC Brings Another Action
Posted on 18 Mar 2013 by Thomas O. Gorman

Mary Jo White, selected by the President as the next Chairman of the SEC, testified in her confirmation hearings before a Senate Committee {last] week. Ms. White promised the Committee that under her the agency would complete rule making for Dodd-Frank... Read More

DLA Piper: Expect Greater SEC Scrutiny Of Activist Hedge Funds That Share Information Or Collaborate In Advance Of Their Trades
Posted on 21 Apr 2014 by DLA Piper

By Perrie Michael Weiner and Patrick Hunnius A recent Wall Street Journal article – “Activist Investors Often Leak Their Plans to a Favored Few” – focused attention on “activist” investors and stock analysts who... Read More

The Week In Securities Litigation: SEC Targets Chinese Affiliates of Major Audit Firms, Market Professionals
Posted on 7 Dec 2012 by Thomas O. Gorman

Chinese affiliates of major audit firms and market professionals were the focus of securities enforcement litigation this week. Five PRC based affiliates of major international accounting firms were named as Respondents in an administrative proceeding... Read More

The Week In Securities Litigation: SEC, CFTC Chairmen Testify; 2 Sentenced To Long Prison Terms
Posted on 16 Feb 2013 by Thomas O. Gorman

SEC Chairman Elise Walter and CFTC Chairman Gary Gensler testified before a Senate Committee this week, focusing on the implementation of Dodd-Frank. The SEC also approved the budget for the PCAOB. Two former senior executive in the organization of... Read More

Thomas O. Gorman: This Week In Securities Litigation (April 1, 2011)
Posted on 1 Apr 2011 by Thomas O. Gorman

In the week ending with "April Fools Day," the Commission continued to issue proposed regulations to implement the Dodd-Frank Wall Street and Consumer Protection Act. SEC Enforcement focused on investment fund fraud actions, filing or resolving... Read More

Lawsuit Filing Seeks To Overturn SEC Rules Over 'Conflict Minerals'
Posted on 1 Nov 2012 by David N. Feldman

The National Association of Manufacturers and the US Chamber of Commerce have filed a lawsuit with the goal of reversing the SEC rules implemented in August, under the Dodd-Frank Act of 2011, requiring disclosure of "conflict minerals." The... Read More

The Week in Securities Litigation: Galleon Defendants Sentenced; SEC Files, Settles Cases
Posted on 14 Oct 2011 by Thomas O. Gorman

This week three Galleon related defendants were sentenced to prison for insider trading, including Raji Rajaratnam. The Commission filed another significant market crisis case naming the senior officers of a failed bank as defendants. The Commission also... Read More

The Week In Securities Litigation: SEC Actions, Diago Plc, FINRA Investor Warning
Posted on 29 Jul 2011 by Thomas O. Gorman

The SEC entered into an agreement with the Capital Turkey Securities Regulator this week calling for mutual cooperation in a number of areas including enforcement. The Commission also continued implementing Dodd-Frank, issuing additional rules concerning... Read More

Interview With Stanford Law Professor Joseph Grundfest About The State Of Securities Class Action Litigation
Posted on 26 Jan 2011 by Kevin M. LaCroix

Every year, the Stanford Law School Securities Class Action Clearinghouse , in conjunction with Cornerstone Research , releases its annual overview of securities class action lawsuit flings. As I noted in a post last week, this year's version introduced... Read More

Thomas O. Gorman On This Week In Securities Litigation (May 20, 2011)
Posted on 20 May 2011 by Thomas O. Gorman

This week SEC Enforcement continued to implement its new cooperation initiatives, moving forward from the spectacle of the Stanford testimony last week and the past. The Commission executed its first deferred prosecution agreement. The fact that it resolved... Read More