Search for: "Anne Sherry"
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1 Aug 2023, 6:04 am
By Anne Sherry, J.D.The court of appeals in D.C. has struck down an SEC order directing that contracts based on the SPIKES Index be treated as futures to foster competition with similar futures based on the VIX Index. [read post]
11 Dec 2023, 7:14 am
By Anne Sherry, J.D.Elon Musk is petitioning the Supreme Court to review an agreement he made to run his tweets by a Tesla attorney before posting them. [read post]
17 Jul 2018, 9:22 am
By Anne Sherry, J.D. [read post]
28 Feb 2024, 6:41 am
By Anne Sherry, J.D.The Delaware Court of Chancery struck down parts of a stockholder agreement that constrained the board’s authority to act. [read post]
10 Feb 2015, 8:20 am
[This story previously appeared in Securities Regulation Daily.]By Anne Sherry, J.D.The SEC has added a new argument to its amicus briefing urging Chevron deference to its rule implementing Dodd-Frank’s whistleblower protections. [read post]
13 Mar 2017, 8:26 am
By Anne Sherry, J.D.In the shadow of Snap Inc. [read post]
27 Feb 2019, 6:47 am
By Anne Sherry, J.D. [read post]
13 Mar 2019, 5:45 am
By Anne Sherry, J.D. [read post]
8 Mar 2022, 6:20 am
By Anne Sherry, J.D.The Supreme Court denied Alphabet’s petition for certiorari to review a Ninth Circuit decision reviving a securities fraud claim against the company. [read post]
18 Feb 2015, 4:04 pm
[This story previously appeared in Securities Regulation Daily.]By Anne Sherry, J.D.The Federal Housing Finance Agency has prevailed on a series of procedural motions in its remaining case against financial institutions over residential mortgage-backed securities (RMBS) sales. [read post]
1 Oct 2020, 12:12 pm
By Anne Sherry, J.D.A derivative plaintiff failed to plead a valid Exchange Act Section 14(a) claim and instead unsuccessfully attempted to "bootstrap" such a claim on state-law allegations of breach of fiduciary duty. [read post]
1 Nov 2016, 9:45 am
By Anne Sherry, J.D.The SEC filed an amicus brief supporting a former Vanguard attorney's right to sue for retaliation after blowing the whistle internally, but not to the SEC. [read post]
6 Jan 2023, 9:28 am
By Anne Sherry, J.D.The First Circuit affirmed a victory for the SEC against a hedge fund adviser charged with conducting a short-and-distort scheme. [read post]
18 Aug 2023, 4:56 am
By Anne Sherry, J.D.In amicus briefs before the Supreme Court, SIFMA and the U.S. [read post]
4 Apr 2017, 6:57 am
By Anne Sherry, J.D.A company’s failure to file restated financials was shrouded in such mystery that it deprived its board of the business judgment presumption. [read post]
1 Mar 2017, 6:36 am
By Anne Sherry, J.D.A golfer convicted of trading on a tip passed to him by a fellow country-club member lost his appeal to the First Circuit. [read post]
17 Jan 2018, 5:58 am
By Anne Sherry, J.D.A private lawsuit filed by funds that invested in Valeant Pharmaceuticals overcame 20 motions to dismiss filed by Valeant and individual defendants. [read post]
4 Aug 2016, 5:00 am
By Anne Sherry, J.D.A Qualcomm shareholder suing the board for its alleged failure to respond to antitrust "red flags" was thwarted by its failure to first demand that the corporation bring the claim. [read post]
18 Apr 2023, 8:53 am
By Anne Sherry, J.D.The PCAOB moved to dismiss a district-court action challenging its enforcement regime, arguing that the plaintiff must bring his challenge to the SEC and then to a federal court of appeals. [read post]
19 Jan 2017, 6:09 am
By Anne Sherry, J.D.A restructuring maneuver that forced bondholders to accept reduced payment or get nothing at all did not violate the Trust Indenture Act, the Second Circuit held. [read post]
