Analysis of cutting-edge securities industry issues
A California federal court refused to dismiss negligence and other state law claims against a law firm for allegedly helping its client commit federal securities law violations. See Donell v. Nixon…
Continue Reading Law Firm Must Defend Claims It Aided Client’s Securities Violations
Okay, no one is suggesting that you start a Ponzi scheme!!! However, now, that we have your attention, you should be aware of the United States Court of Appeals for…
Continue Reading What You Should Know Before You Start a Ponzi Scheme?
The SEC has decided to appeal a district court decision denying the SEC’s application to force SIPC to pay Staford investors. See SEC v. SIPC, D.D.C., No. 1:11-mc-00678-RLW, 8/31/12…
The SEC agreed to a proposed change to the Financial Industry Regulatory Authority’s arbitration rules relating to subpoenas and orders directed towards non-party FINRA members and their associated persons. See…
Continue Reading Oh, Happy Days!! Non-Parties in FINRA Arbs May See Relief
In an interesting decision arsing out of a securities fraud action, plaintiffs were allowed to serve a non-American defendant corporation’s chief executive officer – a citizen of Canada – by alternative means. …
Continue Reading You May Be Able to Utilize Alternative Service in Securities Actions
The U.S. Court of Appeals for the Third Circuit found that two founders of a metal components business were not liable in a securities fraud lawsuit although both had improperly…
Both federal and state courts are exceedingly reluctant to halt securities arbitrations.
As an example, a California federal court refused to issue a temporary restraining order stopping a securities customer arbitration. …
Continue Reading Arbitration Is Still the King for Resolving Securities Disputes
The Arkansas Court of Appeals approved the dismissal of complaint filed by securities investors because an arbitration award had resulted in other investors losing the same case. See Elsner v. Kalos…
Continue Reading Even Unconfirmed, Securities Arbitration Awards Bar Recovery
Corporate officials, who did not disclose merger talks with a competitor, did not commit securities fraud. See Filing v. Phipps, 6th Cir., No. 11-4157, 10/23/12, http://federal-circuits.vlex.com/vid/mark-filing-v-william-phipps-403576058.
The court determined that…
Continue Reading You May Get Lucky By Not Discussing Merger Talks
As many regular blog readers know, I have participated as an expert witness before. It is fascinating to share with our readers other epxert experiences as well.
Nonetheless, a number of…
Continue Reading The Proper Care and Feeding of Experts in Securities Matters
