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United States: Securities Litigation Defense Implications From The Supreme Court's Amgen Opinion - Jones Day

On February 27, 2013, the Supreme Court ruled in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, that plaintiffs in a federal securities fraud action need not prove the materiality of an alleged misrepresentation to certify a class under the fraud-on-the-market theory.        

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Found more than 1 month ago on channel Mondaq

FINRA fines Merrill $1 million for best-execution lapses

A Wall Street regulator on Tuesday said it had fined Bank of America Corp's Merrill Lynch $1 million in a civil action for not getting the best execution price for customer transactions involving non-convertible preferred securities and failing to properly supervise the process.

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Found more than 1 month ago on channel Reuters

United States: Seventh Circuit Affirms Dismissal Of Securities Fraud Class Action, Remanding Question Of Sanctions Against Plaintiffs' Counsel - Sheppard Mullin Richter & Hampton

In a recent ruling the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a securities fraud class action against the Boeing Company and remanded the question of whether sanctions under Rule 11 of the Federal Rules of Civil Procedure should be levied against plaintiffs’ counsel after allegations attributed to a confidential witness, which initially saved the case from dismissal, were later denied by the witness.        

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Found more than 1 month ago on channel Mondaq

United States: The Fact Pattern Behind The Boeing Class Action Grounding - Foley & Lardner

The Seventh Circuit several years ago questioned its ability to rely on confidential witness allegations in securities class actions governed by the Private Securities Litigation Reform Act.        

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Found more than 1 month ago on channel Mondaq

United States: Two Recent SEC No Action Letters Establish Standards For Crowdsourcing Online Platforms Limited To "Accredited Investors" To Avoid Registration As A Broker-Dealer - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

In two recent no action letters, the Securities and Exchange Commission granted no action relief for two venture capital online funding platforms, allowing them to avoid registering as broker-dealers under the Securities Exchange Act of 1934 even though their affiliates will receive some compensation in the form of a carried interest.        

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Found more than 1 month ago on channel Mondaq