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9 Nov 2010, 8:47 pm by Glenn R. Reiser
// In a case of first impression, the New Jersey Appellate Division affirmed the dismissal of negligence claims brought against securities brokerage firm Merrill Lynch, finding that Merrill Lynch owed no duty of care to third parties who claimed the company should have policed its customer's account for fraud. [read post]
24 Jul 2024, 11:33 am by Kevin LaCroix
The company was hit with a securities class action lawsuit (as discussed here). [read post]
9 May 2011, 12:00 pm by Michael Silverman
Finally the perspective of defending corporations was discussed, particularly in the face of the encouragement of whistleblowers. [read post]
16 Jul 2008, 4:29 pm
The defendants falsely described the goods as "transistors" in export documents. [read post]
21 Apr 2008, 3:34 pm
  Accordingly, statements in the record that suggested that the company's sales were experiencing an upswing in March were considered in negating an inference that defendants' statements in April (optimistic earnings projections) were false.Although the pleading standard for scienter in securities class action was always intended to be high, Tellabs now makes it clear that "plausible opposing inferences" that are unfavorable to plaintiffs must… [read post]
6 Aug 2011, 7:44 pm by Kim Zetter
If companies don’t do the security they need to do “why not force them to get it,” he said. [read post]
8 Nov 2016, 8:33 am by Chris Mirasola
” Article 28 requires internet companies to assist public security organizations in “protecting national security and investigating crimes”—without defining or limiting what national security might entail or which crimes may be involved. [read post]
22 Jul 2010, 6:42 am
The case may also serve as a warning to those defendants who face claims brought by claimants with ATE insurance: should the claim be fabricated and based on dishonesty, the ATE insurance may be avoided and so be of no value, and the best course of action may be to apply for security for costs at an early stage. [read post]
9 Sep 2016, 3:00 am by John Jenkins
” In arguing that a security contract was involved, the defendants pointed to several factors, including the registration and active trading of interests in the term loans. [read post]
This case may make it more difficult for companies defending data breach suits to quickly obtain dismissal of plaintiffs’ claims. [read post]
17 Apr 2008, 8:10 pm
The Justice Department says that one of the defendants, former UBS Securities executive Mitchel Guttenburg, had sold nonpublic data prepared by UBS stock analysts to another defendant, trader David Tavdy. [read post]
24 Sep 2020, 2:58 pm by Kevin LaCroix
”   The complaint asserts substantive claims against the defendants for breach of fiduciary duty; unjust enrichment; and violation of the federal securities laws’ proxy disclosure requirements. [read post]
24 Jan 2014, 12:57 am by Kevin LaCroix
Executives should be encouraged to take prudent risks for the benefit of the company and its constituents, and should not be stymied by the fear of personal liability if a decision ultimately harms the company. [read post]
18 Apr 2008, 3:53 am
Securities Litigation (Mississippi Public Employees' Retirement System v. [read post]
4 Jan 2014, 6:26 am by Mark S. Humphreys
Because the jury responded negatively, it did not reach the question asking whether the defendants had engaged in knowing conduct. [read post]
5 Jan 2007, 5:51 am
Vice President Al Gore, said the committee defended Jobs and gave no indication the company would hold him accountable for grants that the Cupertino, Calif. [read post]