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24 Feb, 2007 2:11 am
... 17a of the Securities Act of 1933, 15 U.S.C. §77q(a); section 10b of the Securities Exchange Act of 1934, 15 U.S.C. §78j(b); and rule 10b-5 under the Securities
Exchange Act, 17 C.F.R. §240.10b-5. The SEC alleges that SBMCC, SBMIC, and ... motion, the SEC seeks a temporary restraining order and a
preliminary injunction against future violations of the securities laws, a preliminary injunction freezing Defendants' assets, appointment of a receiver for the
entity-Defendants, an order requiring ...
3 Mar 4:01 am
... a hearing aid found a business necessity for the purpose of qualifying for a security position Allmond v. Akal Security Inc., No. 07-15561, USCA 11th Circuit
Wilbur ... did not use a hearing aid before or during his employment with Akal Security, he was required to submit to additional testing and submit additional medical
information. ... behavior results in injuries," citing Watson v. City of Miami Beach, 177 F.3d 932. Concluding that Ajal had successfully
presented an affirmative business-necessity ...
14 Mar 11:53 am
... jump network hurdles, hide in the shadows and even defend itself against security measures, according to a recent report by Symantec. Symantec has documented its blog posts
... which has an even more powerful punch designed to take down computer security systems. This version has been dubbed the W32.Downadup.C variant and ... Afilias, Public
Internet Registry, Global Domains International Inc., M1D Global, AOL, Verisign, F-Secure, ISC, researchers from Georgia Tech,
the Shadowserver Foundation, Arbor ...
17 Jul, 2007 7:09 am
Akal Security Inc., one of the largest contract security providers in the country, will pay the United States $18 million to resolve allegations that it violated
the terms of its contract to provide trained civilian guards at eight U.S. ... it is important to have whistleblowers (relators) with first hand knowledge and proof that is not in the
public domain. Brian F. LaBovick mentioned in an earlier post on the Whistleblower Law Blog, there are several things that a whistleblower
needs when bringing ...
4 Dec, 2008 5:56 pm
... notions of "collective scienter" - that is, the idea that a corporation's state of mind for purposes of pleading securities fraud can be inferred from the collective
knowledge of the totality of its employees, instead of the knowledge of a particular ... 243 F. Supp. 2d 1012, 1023 (N.D. Cal. 2002); accord,
e.g., In re Int'l Rectifier Corp. Sec. Litig., 2008 ... earlier Ninth Circuit decisions, including In re Silicon Graphics Inc. Securities Litigation, 183 F.3d 970, 979 (9th Cir 1999), which require ...
14 Nov, 2006 4:31 am
... three possible bases for subject matter jurisdiction: (1) the terms of an injunction it entered in the underlying securities class action pursuant to its authority under 28
U.S.C. § 1651; ( ... terms, provide federal courts with an independent grant of jurisdiction." Syngenta Crop Prot., Inc. v. Henson, 537 U.S. 28, 33, 123 S.Ct. ... the malpractice
claims because it "has original jurisdiction over the underlying [securities] action." Achtman, 404 F.Supp.2d at 546. We agree. As a
threshold matter, we ...
23 Sep, 2007 9:39 pm
... are antagonistic to those of other class members. In re Drexel Burnham Lambert, 960 F.2d at 291 (internal quotation omitted); Eisen v.
Carlisle and Jacquelin, ... , seeks to hold Bausch & Lomb liable for the consequences of its alleged violations of the federal securities laws. The course of events giving
rise to the Structural Ironworkers Fund's claims is ... and appears well-suited to serve as a lead plaintiff in a securities class action. See In re Veeco Instruments,
Inc., 233 F.R.D. 330, 332-33 ( ...
14 Jan, 2008 1:37 pm
... Corp. v. Avast, Inc. (Jan. 10, 2008) (available at the First Circuit's web site). As described in more detail below, this is a decision that securities litigators in
the First ... standard, as set forth in In re Credit Suisse First Boston Corp., 431 F.3d 36 (1st Cir. 2005) [holding that "[s]cienter
allegations do ... s finding that: the Bradford College defendants have different characteristics than are typical in securities fraud cases, characteristics which make it more
difficult to infer a high degree ...
3 Mar, 2008 6:00 am
... did. Quoting a federal case, Watson Laboratories v. Rhone-Poulenc Rorer, Inc., 187 F. Supp.2d 1099, 1117 n.12 (C.D. Cal. 2001), ...
Julie and Kenneth Puentes appeal a summary judgment for defendant Wells Fargo Home Mortgage, Inc. (Wells Fargo), entered after the trial court determined that as a matter of law
they cannot ... 2002 Kenneth took out a conventional 30-year fixed-rate mortgage with Wells Fargo to secure a $274,000 loan. The promissory note was on a multi-state uniform
instrument approved by ...
5 Apr 1:26 pm
... two largest hedge funds and their exposure to subprime mortgage-backed securities.[13] On the same day, the U.S. Attorney's office in the Eastern District ... General
Corporation, In re 2007 NovaStar Financial, Inc. Securities Litigation, In re Impac Mortgage Holdings, Inc. Securities Litigation, and Tripp v. IndyMac
Financial ... facts was more plausible: Plaintiffs cite these financial statement numbers as, respectively, "[f]urther evidence of IndyMac's
internal control problems" and a clear indication ...
27 Mar, 2007 8:35 am
... Eighth Circuit had ruled that a party cannot be liable under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(a) and (c) for engaging in ... (2) "directly
engage in manipulative securities trading practices." Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 443 F. 3d
987 (8th Cir. ... the absence of aiding and abetting liability "does not mean that secondary actors in the securities markets are always free from liability." A dozen years after
Central Bank, the federal ...
15 Jan, 2008 7:04 am
... H. Souter. Justice Stephen G. Breyer took no part in the ruling; he reportedly owns stock in Cisco Systems, Inc., the parent company of Scientific Atlanta. The Chief Justice
also was out of the case when the Court granted review on March 26, but got ... buy its stock, and "in doing so relied on [the two companies'] fraud, which was itself a 'deceptive
device' " under securities law. "This is enough," he concluded, to show a violation of the law against stock fraud. Congress passed that law, Stevens ...
22 Jan, 2007 9:53 am
... direct business from the trademark holder to the domain name holder." DaimlerChrysler v. The Net, Inc., 388 F.3d 201, 203 (6th
Cir.2004), citing Sport's Farm ... , had altered certain information, which bypassed HER's e-mail security settings. The sender this time was "HJR," and the corresponding e-mail
address was, "herbie@ ... her dissatisfaction with landscape work performed by Plaintiff Lucas Nursery and Landscaping, Inc. The Sixth Circuit held that Defendant did not act
with a bad faith intent to ...
5 Oct 2:03 am
... , it should obtain a security interest in the goodwill of the business associated with the trademark as well. See Marshak v. Green, 746 F.2d 927 (2d. Cir. 1984). What this means is that a lender wishing to obtain a security interest in a ... be expected to do), a creditor with a
security interest in the domain name should be able to claim the proceeds from the sale. See Straffi v. State of New Jersey (In re Chris Don, Inc.), 308 B.R. 214 (D.N.J.
2004) (creditor with lien on debtor's liquor license ...
12 Jun, 2008 10:30 am
... information. Join us as we share best practices for delivering secure yet comprehensive results for leading search engines. Speaker - Mark Bennett, Vice President, New Idea
Engineering, Inc. Speaker - Miles Kehoe, CEO, New Idea Engineering, Inc. ... -user that can see everything. The Ugly: There are lots of whole in search technologies. They
focused on what is the right level of security. The macro level? The document level? The field level? Early binding versus Late Binding. With early binding the ...
11 Aug 2:29 am
... program that is reasonably designed to protect the security, confidentiality, and integrity of personal information collected from or about consumers." This is language taken
directly from 16 C.F.R. §314.3, ... , even if you operate a business that is not subject to a federal or state statute mandating data
security, the FTC has decided all companies must maintain data ... 17, 2009. Fn3 See the Complaints in both cases at In re The TJX Companies, Inc., FTC Docket No. C-4227
(July 29, 2008) and In re ...
6 Dec, 2006 9:30 am
... the class by analyzing six "focus cases": Corris Corp., Engage Technologies, Inc., Firepond, Inc., IXL Enterprises, Inc., Sycamore Networks, Inc., and VA
Linux Corp. This determination was vacated yesterday by the Second Circuit, ... the same time as the Global Settlement was finalized, these banks entered into the Voluntary Initiative
Regarding Allocations of Securities in "Hot" Initial Public Offerings to Corporate Executives and Directors. Recall also the prolonged prosecution of Frank Quattrone ...
23 Sep, 2008 11:47 pm
... management positions in a company does not satisfy the heightened pleading standards of the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). The
interlocutory appeal in this case arose ... Circuit had previously addressed this issue in In re Read-Rite Corp. Securities Litigation, 335 F.3d 843 (9th Cir. 2003), where it held that although the core ... central tenets of Read-Rite in light of the Supreme Court's ruling in Tellabs, Inc.
v. Makor Issues and Rights, Ltd., 127 S. Ct. 2499 ...
18 Jun 9:20 am
... the Third Circuit. In Tellabs, the Supreme Court held that a plaintiff who seeks to bring a claim for securities fraud under the Private Securities Litigation Reform
Act (the "Reform Act") must plead an inference of scienter that is " ... pleading scienter remains a determinative factor when conducting this analysis. In Avaya, a putative class of
shareholders alleged that Avaya, Inc. ("Avaya"), a seller of communications products and services, through its chief executive officer ("CEO") and chief ...
21 Mar, 2007 6:00 am
... Regents of the University of California v. Credit Suisse First Boston (USA), Inc., ___ F.3d ___ (5th Cir. Mar. 19, 2007). The
majority unabashedly ... main authorities the majority cites to justify its approach to this appeal is In re IPO Securities Litigation, 471 F.3d 24 (2d Cir. 2006), an opinion from late last ... incompletely developed at the time of class certification. Second, as we observed in Castano, 84
F.3d at 746, class certification is often practically dispositive of litigation like the case ...
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