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Article May 24, 2024
SEC Successfully Prosecutes Novel “Shadow Trading” Theory at Trial
Reed Brodsky, Michael Nadler, Mark Schonfeld, Benjamin Wagner and David Woodcock are the authors of "SEC Successfully Prosecutes Novel “Shadow Trading” Theory at Trial" [PDF] published by Insights: The Corporate & Securities Law Advisor in its June 2024 issue.
Client Alert April 10, 2024
SEC Successfully Prosecutes Novel “Shadow Trading” Theory at Trial
The government successfully argued that trading in the securities of one company based upon material nonpublic information about a separate company (in whose securities the defendant does not trade) can nevertheless violate the federal securities laws.
Client Alert November 16, 2023
Second Circuit Limits SEC Disgorgement – Decision Puts Remedy in Question in Wide Range of Cases
The U.S. Court of Appeals for the Second Circuit has held that the Securities and Exchange Commission (SEC) is not entitled to disgorgement unless it can show that the allegedly defrauded investors suffered financial harm.
Accolades June 7, 2023
Gibson Dunn achieves seminal win in the United States Bankruptcy Court in Serta Simmons Bedding dispute
Gibson Dunn achieved a sweeping victory at trial in the United States Bankruptcy Court for the Southern District of Texas, validating a market-leading transaction that provided Serta Simmons Bedding with new liquidity and capital structure relief in order to ensure its survival during the early days of the COVID-19 pandemic.
Client Alert October 10, 2022
Delaware Court of Chancery Orders Extraordinary Remedy, Unwinding a Transaction By Divesting and Then Transferring Stock Ownership in Subject Company
Our lawyers discuss a recent case in the Delaware Court of Chancery featuring an extraordinary order unwinding a transaction by divesting a party’s ownership of shares in a Delaware corporation and vesting ownership of those same shares in another litigant.
Article May 25, 2022
Jarkesy Wins Relief From ALJ Control After Years of Fighting for His Right to a Jury Trial
New York partner Reed Brodsky and associate Michael Nadler are the authors of "Jarkesy Wins Relief From ALJ Control After Years of Fighting for His Right to a Jury Trial" published by The National Law Journal on May 25, 2022.
Client Alert October 5, 2021
Second Circuit Issues Important Ruling Concerning Authors’ Termination Rights Under The Copyright Act
In Horror Inc. v. Miller, the Second Circuit affirmed that Victor Miller had successfully reclaimed his rights in the screenplay for Friday the 13th by invoking the Copyright Act’s termination provisions, notwithstanding his assignment of those rights to a film production company in 1980. The Court reached that conclusion after finding that Miller’s assignment was made as an independent contractor, rather than as an employee.
Client Alert June 24, 2021
Third Circuit Court of Appeals Addresses Federal Trade Secret Standards
On June 8, 2021, in Oakwood Laboratories LLC v. Thanoo, the Third Circuit “endeavored to clarify the requirements for pleading a trade secret misappropriation claim under the Defend Trade Secrets Act” (DTSA).