On August 6, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Matter of Everquote Inc. Sec. Litig., 2019 NY Slip Op. 29242, holding that a SLUSA stay applies even in state court actions, explaining: 15 USC § 77z-1 (b) (1) provides that all discovery and other proceedings shall be... Read more »
Posts Categorized: Securities
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 »
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 »
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 »
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 »
On November 12, 2013, we posted that in Quadrant Structured Products, Ltd. v. Vertin, the Delaware Supreme Court had certified questions of New York law regarding “no action” clauses in trust indentures to the New York Court of Appeals. On December 10, 2013, the Court of Appeals accepted the certified questions.
On November 7, 2013, the Delaware Supreme Court issued a decision in Quadrant Structured Products Co., Ltd. v. Vertin, in which it certified the following questions of law to the New York Court of Appeals: (1) A trust indenture no-action clause expressly precludes a security holder who fails to comply with that clause’s preconditions, from... Read more »