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Choose a page number: 1 Law RSS FeedsCatching Up With Morrison - The Morrison decision limiting the extraterritorial application of the U.S. securities laws continues to be the subject of extensive judicial, practicioner, and academic commentary. Recent items include: (1) Professor Hannah Buxbaum has published a paper entitled "Remedies for Foreign Investors ...Feed Source: www.the10b-5daily.com The Little Birdy Sings A Different Tune - The use (and sometimes abuse) of confidential witnesses in securities cases is a contentious issue. Prior to full discovery, what remedy does the defendant have if a confidential witness was misquoted in the complaint? One possibility, recently approved by the ... Compare and Contrast - NERA Economic Consulting and Cornerstone Research (in conjunction with the Stanford Securities Class Action Clearinghouse) have released their 2011 annual reports on securities class action filings. The findings for 2011 include: (1) Cornerstone finds that there were 188 filings (compared ... Ample Assistance - A few months ago, this blog noted an unusual lead plaintiff decision. A S.D.N.Y. court dismissed the lead plaintiff from a securities class action brought against Smith Barney Fund Management and Citigroup Global Markets because, after six years of litigation, ... Improper Use - Does the fact that an individual defendant's stock trading took place pursuant to a pre-determined Rule 10b5-1 trading plan undermine any inference that the trades were "suspicious"? Courts continue to grapple with this issue in evaluating the existence of scienter ... Where's Waldo? - To what extent can a plaintiff protect the identity of his confidential witnesses once discovery in the case has commenced? Courts have tended to be skeptical of claims that the identity of these witnesses are attorney work product or should ... Momentary Forgetfulness - The scope of the Securities Litigation Uniform Standards Act ("SLUSA"), which precludes certain class actions based upon state law that allege a misrepresentation in connection with the purchase or sale of nationally traded securities, continues to be fertile ground for ... Settlement Round-Up - As the 2011 fiscal year comes to a close, there have been a series of settlement announcements. Some of the more significant are: (1) Arthrocare Corp. (NADAQ: ARTC), an Austin-based corporation that develops and manufactures surgical devices, instruments and implants, ... We're All In This Together - What must a plaintiff do to invoke the fraud-on-the-market theory (pursuant to which reliance by investors on a misrepresentation is presumed if the company's shares were traded on an efficient market) in support of class certification? According to the U.S .... Not So Suspicious - The Apollo Group, a large private education provider, has been a magnet for securities litigation. In the most recent securities class action brought against Apollo, investors allege that from May 2007 to October 2010 the company made false and misleading ... Win Big Or Go Home - A variation on the normal securities fraud case occurs when a short seller alleges that a company's misstatements caused it to cover its short positions at artificially high prices. Although few cases have directly addressed loss causation in the context ... Around the Web - A few items from around the web. (1) The first dismissal in the current wave of China-related securities class actions has occured, but it is difficult to read too much into the decision. In In Re China North East Petroleum ... Repeating Falsehoods - Is it necessary for the alleged false statements to have artificially inflated the company's stock price to establish loss causation? The Eleventh Circuit recently considered this question in a case where the plaintiffs' expert found that the company's stock price ... Who's The Dummy? - Section 20(b) of the Exchange Act makes it unlawful for a person to effect a securities fraud through another person. Sometimes referred to as the "ventriloquist dummy" statute, it has rarely been invoked in securities cases. In the Supreme Court's ... Double Check - In a strange story, a court in the S.D.N.Y. has dismissed the lead plaintiff from a securities class action brought against Smith Barney Fund Management and Citigroup Global Markets because, after six years of litigation, it was revealed that the ... Announcing 2009 International Human Rights Award Recipient - The recipient of the Section of Litigations 2009 International Human Rights Award is Edwin Rekosh. The Award will be presented during the ABA's Annual Meeting in Chicago at The Fairmont Hotel on Friday, July 31, 2009. Learn more about Mr. Rekosh and the International Human Rights Award.... Justice Sandra Day O'Connor Addresses the Section of Litigation Concerning State Court Judicial Campaign Contributions and Disqualification
- The Section of Litigation is pleased to present audio recordings of the Honorable Sandra Day O'Connor who spoke on January 9, 2009 in Scottsdale, AZ to a plenary gathering of Section members. Justice O'Connor led a panel discussion concerning state court judicial campaign contributions and disqualification, a subject of great interest to the legal community in light of Caperton v. Massey, currently pending before the United States Supreme Court and on which oral arguments were heard on March 2, 2009.... Can Email Create Personal Jurisdiction over a Foreign Defendant? - A recent Fourth Circuit Court of Appeals decision, finding that email and telephone communications are insufficient to establish personal jurisdiction over a foreign defendant in a lawsuit asserting tort and contract claims, is causing litigators to once again consider the importance of forum selection clauses.... Turning to the Internet for Savings on Legal Research Costs - As more legal content becomes freely available on the web, many lawyers find that the Internet provides a cost-effective alternative to traditional computer-based legal research services.... Federal Judges Try Again for Cost-of-Living Raises - AA suit pending in the United States Court of Federal Claims has revived the debate over the importance of salaries in protecting the quality of the federal judiciary.... Advanced Workshop for Corporate Counsel: How to Get the Best Out of Alternative Fee Arrangements - Tuesday, August 11, 2009. In this economic downturn, everyone is talking about alternative fee arrangements and how to get the best value from their outside law firms.... National Conference for the Minority Lawyer - September 24?25, 2009. Join us for the National Conference for the Minority Lawyer, sponsored by the ABA Business Law Section, ABA Section of Litigation and the Commission on Ethnic and Racial Diversity in the Profession.... 2009 ABA Annual Meeting - July 30?August 2. The ABA Section of Litigation invites you to explore the professional learning and networking opportunities at the 2009 ABA Annual Meeting in Chicago.... Ten Practical Tips for Making Your Case Appealable - In the heat of battle at trial, it can be challenging to remember that the legal war may not end with the trial courts judgment. ... Preparing for Your First Civil Trial, Part One: Where and How to Begin
- Even if you have never tried a case?if all of your cases have settled after three long years of discovery?and you have no reason to believe the case before you will be any different, it?s time to change that mindset. You should think of every case as a trial case and start preparing for trial the first day you get the case.... Copyright © 2012, My Ebay Secrets Revealed. All Rights Reserved. |
