Recent Posts

SEC Enforcement Trends 2011: The Supreme Court, Dodd-Frank and the Reach of SEC Enforcement
Posted on 2 Feb 2011 by Thomas O. Gorman

The focus of SEC enforcement in the coming months is a function of its constricted and later expanded authority. Last year that authority contracted in the wake of the Supreme Court's decision in Morrison v. National Australia Bank Ltd. , 130 S... Read More

Supreme Court Grants Cert Petition in Matrixx Initiative Securities Suit
Posted on 16 Jun 2010 by Kevin M. LaCroix

There was a time when it was relatively rare for the Supreme Court to take up securities cases. Until recently, the Court basically went several years between cases filed under the securities laws. Those days are clearly over, as the Court has granted... Read More

Supreme Court Rules on When Mutual Fund Fees Are Too High
Posted on 31 Mar 2010 by Doug Cornelius

Doug Cornelius, Chief Compliance Officer The Supreme Court issued its opinion in Jones v. Harris Associates , addressing the standard for when mutual fund fees are too high. Background Under §36(b) of the Investment Company Act of 1940... Read More

U.S. Supreme Court Addresses Fiduciary Duty of Investment Advisors
Posted on 5 Apr 2010 by Francis G.X. Pileggi

In Jones v. Harris Associates, L.P. , the U.S. Supreme Court last week decided an issue involving the fiduciary duty of investment advisors. Many legal scholars have already started to comment on this decision, e.g. here , here , here and here... Read More

Justice Kagan at the University of Michigan Law School
Posted on 13 Sep 2012 by Kevin M. LaCroix

On Friday September 7, 2012, the University of Michigan Law School dedicated its new South Building, an impressive new facility that beautifully complements the school's venerable Law Quadrangle (see picture below). U.S. Supreme Court Justice Elena... Read More

Stolt-Nielsen v. AnimalFeeds: U.S. Supreme Court Holds that Class Arbitration Cannot be Imposed on Parties Whose Agreements Are Silent on the Issue
Posted on 5 May 2010 by Eversheds Sutherland LLP

by Lewis S. Wiener, Gail L. Westover, Brendan Ballard, and Wilson G. Barmeyer In a 5-3 majority decision issued on April 27, 2010, the U.S. Supreme Court held in Stolt-Nielsen, S.A. v. AnimalFeeds Int'l Corp. , No. 08-1198 ( ... Read More

Supreme Court Declines to Review Calculation of Madoff Victim Losses; Second Distribution "In The Near Future"?
Posted on 28 Jun 2012 by Jordan D. Maglich

In a move that was not unexpected, the Supreme Court declined to grant certiorari to a petition filed by a subsection of victims of Bernard Madoff's massive Ponzi scheme who disagreed with the court-appointed trustee's determination of their losses... Read More

Supreme Court Grants Cert in Amgen Securities Suit
Posted on 13 Jun 2012 by Kevin M. LaCroix

On Monday, June 11, 2012, the United States Supreme Court granted the petition of Amgen for a writ of certiorari in a securities lawsuit pending against the company. As a result, next term the Court will be addressing the question of whether securities... Read More