Blogs

Posts Categorized: Securities

Posted: April 14, 2020

Current Financial Crisis Likely Will Lead to Events of Default in RMBS Trusts

Unlike our usual posts, which analyze recent Commercial Division decisions, this post is written to alert RMBS certificateholders of imminent events of default in RMBS trusts due to the liquidity crisis most servicers are expected to face beginning this month. RMBS certificateholders should understand their rights and the protections to which they are entitled in... Read more »

Posted: March 30, 2020

Statute of Repose Bars Securities Act Claims

On March 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Matlick v. Amtrust Fin. Servs., Inc., 2020 NY Slip Op. 50357(U), holding that Securities Act claims were barred by the statute of repose, explaining: Section 13 of the 1933 Act contains both a statute of limitations and a... Read more »

Posted: March 15, 2020

Securities Act Sections 11 and 12 Claims in State Court Not Required to be Plead with Particularity

On February 26, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Matter of PPDAI Group Sec. Litig. v. XXX, 2020 NY Slip Op. 50285(U), holding that Securities Act Sections 11 and 12 claims brought in New York state court did not have to be plead with particularity under CPLR... Read more »

Posted: December 11, 2019

Court Refuses to Stay Securities Class Action in Favor of Later-Filed Federal Class Action

On November 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Matter of Greensky, Inc. Sec. Litig., 2019 NY Slip Op. 33515(U), refusing to stay a securities class action in favor of a later-filed federal securities class action, explaining: New York State was plaintiffs’ first choice of forum and... Read more »

Posted: July 11, 2019

Court Refuses to Impose PSLRA Stay on Securities Act Action Pending in Commercial Division

On July 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Matter of PPDAI Group Sec. Litig., 2019 NY Slip Op. 51075(U), refusing to impose a PSLRA stay on a Securities Act action pending in the Commercial Division, explaining: According to Moving Defendants, Plaintiffs should not be permitted to... Read more »

Posted: February 22, 2015

Martin Act Applies to Claims About Trading Venue as Well as Securities Traded in that Venue

On February 13, 2015, Justice Kornreich of the New York County Commercial division issued a decision in People v. Barclays Capital Inc., 2015 NY Slip Op. 25043, discussing the standard for a Martin Act claim. In Barclays Capital, the New York Attorney General brought a Martin Act claim against the defendant relating to “allegedly false... Read more »

Posted: December 12, 2014

No Liability for Insider Trading Absent Proof That Initial Tipper Sought Financial Gain

On December 10, 2014, the Second Circuit issued a decision in United States v. Newman and Chiasson, 13-1837-CR, reversing a conviction and dismissing the indictment with prejudice on the grounds that the government had failed to prove beyond a reasonable doubt that the defendants-tippees knew that the initial tipper (there were several layers of ‘tipping’... Read more »

Posted: January 2, 2014

Decision Explores the Distinction Between Transaction Causation and Loss Causation

On December 24, 2013, Justice Kornreich of the New York County Commercial Division issued a decision in Loreley Fin. (Jersey) No. 4 Ltd. v. UBS Ltd., 2013 NY Slip Op. 33262(U), explaining the distinction between transaction causation and loss causation. In Loreley Fin., the court decided a motion for reconsideration of a decision dismissing a complaint... Read more »