Dodd-Frank Litigation
SEC Grants Second Bad Actor Waiver With Conditions
Broker-Dealer, Litigation SEC Commissioner Kara Stein recently described what many saw as a possible model for harsher bad actor waivers after settling a matter with the SEC. According to Ms. Stein “The waiver was for a limited time, and only if certain conditions were met, creating essentially a probationary period for the firm with a right to […] Read more →
Amicus Briefs Pour in for Wal-Mart Shareholder Proposal Case
Litigation, Public Companies and Securities Amicus briefs are pouring in in favor of Wal-Mart in its appeal to the Third Circuit. Wal-Mart appealed the United States District of Delaware’s decision that denied Wal-Mart... Read more →
2nd Circuit Says MD&A Rules Provide Basis for 10b-5 Claims
Litigation, Public Companies and Securities In Stratte-McClure v. Morgan Stanley et al, the Second Circuit held that MD&A rules set forth in Item 303 of Regulation S-K can give rise to a Rule 10b-5 claim. In so doing,... Read more →
Chancery Explains New Delaware Statute of Limitations
Litigation In Bear Stearns Mortgage Funding Trust 2006-SL1 v. EMC Mortgage LLC et al, the Delaware Court of Chancery explained the operation of Section 8106(c) of the Delaware statutes for... Read more →