Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
10-17064
|
SEC v. Jasper
Defendant is not entitled to have jury find all facts necessary to support reimbursement because reimbursement provision of Sarbanes-Oxley Act is equitable disgorgement remedy. |
Securities |
|
May 15, 2012 | |
10-1261
|
Credit Suisse Securities (USA) LLC v. Simmonds
Court errs in determining statute of limitations period for Securities Exchange Act of 1934 Section 16(b) violation is tolled until Section 16(a) disclosure is filed. |
Securities |
|
Mar. 26, 2012 | |
10-15256
|
Strategic Diversity Inc. v. Alchemix Corp.
Securities claims are timely where, despite plaintiff’s inquiry notice, defendants failed to show how reasonably diligent plaintiff would discover subsequent violations. |
Securities |
|
Jan. 23, 2012 | |
10-15256
|
Strategic Diversity Inc. v. Alchemix Corp.
Securities claims are timely where, despite plaintiff’s inquiry notice, defendants failed to show how reasonably diligent plaintiff would discover subsequent violations. |
Securities |
|
Dec. 5, 2011 | |
09-56965
|
Connecticut Retirement Plans and Trust Funds v. Amgen Inc.
When invoking fraud-on-the-market presumption for securities class action certification, plaintiff must prove trade in efficient market and that misrepresentations were public. |
Securities |
|
Nov. 9, 2011 | |
10-55401
|
WPP Luxembourg Gamma Three Sarl v. Spot Runner Inc.
Plaintiff properly alleges fraudulent intent for purposes of securities fraud claim where duty to disclose that founders were selling shares was ignored. |
Securities |
|
Aug. 24, 2011 | |
07-74647
|
Sacks v. SEC
SEC errs in adopting rule that retroactively prohibits individuals who have been banned from securities industry from representing parties in securities-related arbitration. |
Securities |
|
Aug. 9, 2011 | |
B227421
|
Moss v. Kroner
Secondary liability may be imposed on agents or those who materially assist in direct seller’s securities violations. |
Securities |
|
Jul. 21, 2011 | |
10-35128
|
Reese v. BP Exploration (Alaska) Inc.
Forward-looking promise contained in SEC filings does not support securities fraud claim as misrepresentation of fact. |
Securities |
|
Jun. 29, 2011 | |
07-56098
|
SEC v. Todd
Securities fraud conviction is proper where witnesses testified regarding appropriateness of accounting practices, regardless of specific citation to generally accepted accounting principles. |
Securities |
|
Jun. 23, 2011 | |
09-525
|
Janus Capital Group Inc. v. First Derivative Traders
Investment advisor does not ‘make’ statements contained in prospectus issued by separately owned mutual fund for liability purposes under SEC Rule 10b-5. |
Securities |
|
Jun. 13, 2011 | |
09-1403
|
Erica P. John Fund Inc. v. Halliburton Co.
Securities fraud plaintiffs need not prove loss causation to obtain class certification. |
Securities |
|
Jun. 7, 2011 | |
B222889
|
Luther v. Countrywide Financial Corp.
State court has jursidction over 'covered class action' under federal Securities Act of 1933 because case was not based on state law. |
Securities |
|
May 19, 2011 | |
08-16745
|
The Facebook Inc. v. Pacific Northwest Software Inc.
Settlement agreement is enforceable against unknown securities claims, where sophisticated parties engaged in extensive discovery regarding company’s value. |
Securities |
|
May 17, 2011 | |
10-35238
|
Tides v. The Boeing Co.
Sarbanes-Oxley Act’s whistleblower provision does not protect employee’s disclosure of information to media. |
Securities |
|
May 4, 2011 | |
A127660
|
Hellum v. Breyer
Corporations Code Section 25504 imposes presumptive liability on directors of any corporation that violated state securities statutes, regardless of directors’ actual control. |
Securities |
|
May 3, 2011 | |
09-55632
|
New Mexico State Investment Council v. Ernst & Young LLP
In securities fraud action, specific allegations of auditor’s failure to investigate documentation relating to company’s large grant of options support adequate pleading of scienter. |
Securities |
|
Apr. 14, 2011 | |
08-16745
|
The Facebook Inc. v. Pacific Northwest Software Inc.
Settlement agreement is enforceable against unknown securities claims, where sophisticated parties engaged in extensive discovery regarding company’s value. |
Securities |
|
Apr. 11, 2011 | |
09-1156
|
Matrixx Initiatives Inc. v. Siracusano
Materiality element of securities fraud allegation is determined by whether undisclosed fact would alter total mix of information available to reasonable investor. |
Securities |
|
Mar. 23, 2011 | |
07-74647
|
Sacks v. SEC
SEC errs in adopting rule that retroactively prohibits individuals who have been banned from securities industry from representing parties in securities-related arbitration. |
Securities |
|
Feb. 23, 2011 | |
09-35262
|
Simmonds v. Credit Suisse Securities (USA) LLC
Court properly dismisses shareholder’s derivative action where shareholder failed to send adequate demand letter to corporation identifying alleged wrongdoing. |
Securities |
|
Jan. 19, 2011 | |
D055209
|
Viterbi v. Wasserman
Remedy of rescission in securities fraud claim requires privity of contract between plaintiff and defendant. |
Securities |
|
Jan. 11, 2011 | |
09-35262
|
Simmonds v. Credit Suisse Securities (USA) LLC
Court properly dismisses shareholder’s derivative action where shareholder failed to send adequate demand letter to corporation identifying alleged wrongdoing. |
Securities |
|
Dec. 2, 2010 | |
07-56542
|
SEC v. Platforms Wireless International Corp.
Company is not exempt from security registration requirement where company issuing securities is under common control of company selling securities to public. |
Securities |
|
Aug. 17, 2010 | |
07-56542
|
SEC v. Platforms Wireless International Corp.
Company is not exempt from security registration requirement where company issuing securities is under common control of company selling securities to public. |
Securities |
|
Jul. 28, 2010 | |
08-17627
|
Hamilton v. Conners
Forward-looking revenue projections, accompanied by cautionary language, are protected from securities violations under Private Securities Litigation Reform Act. |
Securities |
|
Jul. 1, 2010 | |
08-1191
|
Morrison v. National Australia Bank Ltd.
Securities and Exchange Act of 1934 Section 10(b) does not have extraterritorial application absent clear contrary legislative intent. |
Securities |
|
Jun. 25, 2010 | |
08-74943
|
Gebhart v. SEC
SEC properly considers objective unreasonableness of actions in determining whether defendant acted with conscious recklessness in making false statements. |
Securities |
|
Feb. 17, 2010 | |
B211501
|
Ho v. Hsieh
Trial court abuses discretion when it transfers debtor’s valueless stock to creditor to enforce money judgment. |
Securities |
|
Jan. 27, 2010 | |
06-15677
|
Siracusano v. Matrixx Initiatives Inc.
Complaint sufficiently establishes scienter by alleging that defendant knew of material information regarding product's risks and issued press statements asserting product’s viability. |
Securities |
|
Oct. 28, 2009 |