Securities

Recent Posts

Supreme Court to Hear Appeal of Third Circuit ‘Naked’ Short Selling Securities Suit
Posted on 30 Jun 2015 by Timothy Raub

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today agreed to hear an appeal of a Third Circuit U.S. Court of Appeals ruling remanding a securities class action lawsuit over the alleged illegal “naked” short selling of a... Read More

Supreme Court to Decide Whether to Hear Dispute Over Calculation of Madoff Victim Losses
Posted on 25 Jun 2012 by Jordan D. Maglich

The United States Supreme Court will meet last week to decide whether to hear the dispute over the calculation of victim losses stemming from Bernard Madoff's $65 billion Ponzi scheme. The court-appointed trustee, Irving Picard, has notched several... Read More

U.S. Supreme Court Won’t Hear Appeal in Newman Insider Trading Suit
Posted on 5 Oct 2015 by Timothy Raub

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today declined review of a Second Circuit U.S. Court of Appeals ruling overturning the conviction of two portfolio managers alleged to have engaged in an insider trading scheme ( United... Read More

Omnicare: Section 11 Liability and Opinions
Posted on 25 Mar 2015 by Thomas O. Gorman

The Supreme Court defined the circumstances under which liability can be imposed for opinion statements under Securities Act Section 11. Specifically, the Court held that such liability could be imposed on two theories: One focuses “on what the... Read More

Trends in Securities Class Action Filings
Posted on 19 Feb 2014 by Thomas O. Gorman

Next month the Supreme Court will hear argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 for the second time. The first time the High Court held that a securities law plaintiff need not establish loss causation at the class certification... Read More

Supreme Court Fails to Decide Limitation Period for Section 16(b) Claims
Posted on 28 Mar 2012 by Thomas O. Gorman

The Supreme Court rejected the approaches of two Circuit Courts to tolling the limitation period for bringing an Exchange Act Section 16(b) claim while failing to decide if that period can be tolled. The High Court rejected the conclusion of the Ninth... Read More

Halliburton and The Future of Securities Class Actions: Part I
Posted on 4 Mar 2014 by Thomas O. Gorman

On Wednesday, March 5, 2014 the Supreme Court will hear argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 [ an enhanced version of the Fifth Circuit opinion appealed from is available to lexis.com subscribers ] . The case has the potential... Read More

U.S. Supreme Court Applies Reasonable Basis Standard for Statements of Opinion
Posted on 24 Mar 2015 by Timothy Raub

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 24 reversed and remanded a Sixth Circuit U.S. Court of Appeals opinion in a securities class action lawsuit that determined that a company’s executive officers may be held... Read More

Supreme Court Court Hears Oral Argument in Stanford Ponzi Scheme-Related Cases
Posted on 7 Oct 2013 by Timothy Raub

WASHINGTON, D.C. — (Mealey’s) Attorneys for Latin American investors in Stanford International Bank (SIB) and SIB’s insurance brokers and lawyers asked the U.S. Supreme Court on Oct. 7 to determine whether the Securities Litigation Uniform... Read More

High Court: NFL Licensing Conduct Constitutes Concerted Action
Posted on 24 May 2010 by Joan Grossman

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 24 unanimously held that conduct by the National Football League, its 32 teams and the clubs’ wholly owned licensing company in granting an exclusive license to Reebok... Read More

U.S. Supreme Court to Hear Appeal In Omnicare Securities Class Action Lawsuit
Posted on 3 Mar 2014 by Timothy Raub

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today agreed to hear an appeal in a securities class action lawsuit, challenging whether a shareholder may allege only that a statement of opinion was objectively wrong under Section 11... Read More

Supreme Court Applies “Functional Analysis” to Determine Joint Venture Is Not a “Single Entity” Immune from Antitrust Liability
Posted on 4 Jun 2010 by Sutherland Asbill & Brennan LLP

by James R. McGibbon, Carla Wong McMillian, Jeffrey P. Bialos, Steuart H. Thomsen In American Needle, Inc. v. National Football League , 560 U.S. __ (2010), the Supreme Court unanimously held that teams in the National Football League and a corporate... Read More

The Supreme Court Will Interpret SLUSA
Posted on 24 Jan 2013 by Thomas O. Gorman

The Supreme Court agreed to hear another securities law case. The case arises out of the litigation surrounding the Allen Stanford Ponzi scheme and involves the application of the Securities Litigation Uniform Standards Act or SLUSA. That Act generally... Read More

Time Limits on SEC Enforcement Actions: The Supreme Court Ruling in Gabelli v. SEC
Posted on 14 May 2013 by Thomas O. Gorman

Excerpt: The Supreme Court rejected the efforts of the Securities and Exchange Commission ("SEC") effort to extend the five-year statute of limitations for imposing a civil penalty by engrafting a discovery exception onto the statute.... Read More

Supreme Court Unanimously Finds NFL’s Joint Licensing Activities are Subject to Antitrust Rule of Reason
Posted on 7 Jun 2010 by Scott Martin

In the valedictory antitrust opinion of Justice John Paul Stevens, joined by all eight other justices, the Supreme Court held on May 24, 2010, in American Needle, Inc. v. National Football League , et al., that collective licensing activities of member... Read More