The Foreign Corrupt Practices Act (“FCPA”) is 30 years old this year, and the anniversary is being “celebrated” with an explosion of enforcement activity by both the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”).
Client Alert | July 26, 2007
Jonathan C. Dickey is the author of "Current Trends in Federal Securities Litigation" [PDF] prepared for the ALI-ABA Postgraduate Course in Federal Securities Law, June 28 - 29, 2007.
Client Alert | June 28, 2007
On June 21, 2007, the Supreme Court issued an 8-1 decision in Rita v. United States, No. 06-5754, affirming the ability of appellate courts to use a presumption of reasonableness where the sentences they are reviewing were imposed within the applicable range under the Federal Sentencing Guidelines.
Client Alert | June 25, 2007
On June 21, 2007, the Supreme Court issued an 8-1 decision in Tellabs v. Makor Issues & Rights, No. 06-484, explaining the plaintiff’s burden under § 21D(b)(2) of the PSLRA (15 U.S.C.
Client Alert | June 22, 2007
The Securities and Exchange Commission recently provided an important reminder of the need for effective information barriers and procedures to address potential conflicts of interest, including misuse of confidential information, that may exist given the multiple hats increasingly worn by broker-dealers, investment advisers, hedge funds, private equity funds, and other financial intermediaries.
Client Alert | June 11, 2007
Jonathan Dickey and Jeffrey Minnery are authors of "Liability Issues for Audit Firms - The Risk of Catastrophic Exposure Prompts Calls for Liability Reforms," published in the Securities Litigation Report, April 2007.
Client Alert | April 2, 2007
In a decision having important implications both for the scope of liability under the securities laws and for class certification in general, on March 19, the Fifth Circuit ruled that a securities fraud action against certain financial institutions that participated in transactions with Enron Corporation could not proceed as a class action.
Client Alert | March 22, 2007
Questions have arisen in England concerning the production of documents, created in the context of an investigation by the chief regulatory body in the UK, the Financial Services Authority (the FSA), in subsequent legal proceedings.
Client Alert | March 16, 2007
On successive days this month, the Securities and Exchange Commission and the Department of Justice announced major enforcement actions alleging insider trading in connection with merger and acquisition activity.
Client Alert | March 15, 2007
Jonathan Dickey and Jeffrey Minnery are authors of "Trends in Claims Against Lawyers," [PDF] published in the Securities Litigation Report, February 2007.
Client Alert | February 1, 2007
On December 5, 2006, the Second Circuit Court of Appeals dealt a significant blow to the plaintiffs’ bar, issuing an opinion that answered the “surprisingly unsettled” question of what standards govern a district judge in deciding a motion for class certification under Rule 23 of the Federal Rules of Civil Procedure.
Client Alert | December 8, 2006
Decision has significant implications for option backdating litigationIn a significant decision issued on November 6, 2006, the Delaware Supreme Court ruled on the standard to be applied under Delaware law when assessing the personal liability of corporate directors for failing to adequately oversee the corporation.
Client Alert | November 8, 2006
Washington, D.C. Partner Andrew S. Tulumello and Associate Travis D. Lenkner are authors of "For litigators, the cry is: ‘Play Ball!’" [PDF] published in the October 30, 2006 edition of The National Law Journal.
Client Alert | November 2, 2006
Washington, D.C. partner Andrew S. Tulumello is the author of "The Antidote To Prolix Securities Fraud Complaints: Federal Rule of Civil Procedure 8" [PDF] published in the November 2006 issue of Thomson/West's The Wall Street Lawyer - Securities in the Electronic Age.
Client Alert | November 1, 2006
Over the last year or so there has been an increasing number of corporate investigations into alleged stock option backdating activities led primarily by the SEC, the DOJ and the FBI.
Client Alert | October 26, 2006
Jon Dickey and Aric Wu are authors of "Litigation and the Director," published in the Securities Litigation Report, July/August 2006. Reprinted with permission, Securities Litigation Report, copyright 2006 West Legalworks.
Client Alert | August 30, 2006
Jonathan C. Dickey, Daniel Floyd and Paul J. Collins are authors of "Current Trends in Federal Securities Litigation" prepared for the ALI-ABA Course of Study Postgraduate Course in Federal Securities Law: Current Developments, July 20-22, 2006.
Client Alert | July 20, 2006
Two recent court decisions make important contributions to the developing caselaw on the obligation that ERISA fiduciaries may have to remove company stock from employee benefits plans when the stock is declining in value. In Summers v. State Street Bank & Trust Co., Nos.
Client Alert | July 7, 2006
Gibson Dunn partner Barry Goldsmith, the former Executive Vice President for Enforcement of NASD and Chief Litigation Counsel at the SEC, is interviewed in "Former Senior Enforcement Official Discusses SEC Expectations, Enron, SRO Consolidations and the Pros and Cons of Cooperating with Regulators," published in the June 2006 issue of Securities Litigation Report.
Client Alert | June 30, 2006
The Court's DecisionThe Federal Court of Appeals for the D.C. Circuit has vacated the SEC's rule regulating hedge funds under the Investment Advisers Act.
Client Alert | June 26, 2006
Gibson Dunn partner Jon Dickey and associate Daniel Muino are authors of "Audit Committee Liability: Recent Actions Against Audit Committee Members," prepared for a July 19, 2006 PLI Audit Committee Workshop.
Client Alert | May 31, 2006
Jonathan C. Dickey and Michael J. Scanlon are authors of "'Principles-Based' Accounting Standards - An Accident Waiting to Happen?" published by Insights in February 2006.Reprinted with permission, copyright 2006, Insights
Client Alert | February 28, 2006
Jonathan C. Dickey is the author of "Recent Decisions Concerning the Right of Advancement of Defense Costs" published in Securities Litigation Report, February 2006.This article originally was printed in the February 2006 issue (vol.
Client Alert | February 28, 2006
On December 7, 2005, a blue ribbon commission of the National Association of Corporate Directors issued a report that discusses the current legal liability environment for directors and recommends best practices for directors to safeguard against personal liability.
Client Alert | December 20, 2005
Partner Jarrett Arp is the author of "Be Careful What You Ask For: Unintended Consequences and Unfinished Business Under the Class Action Fairness Act," published in the Fall 2005 issue of Antitrust magazine, a publication of the ABA Section of Antitrust Law.
Client Alert | December 19, 2005