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HTMLHas the New Patent Act Created a Mechanism for Investment Firms to Dramatically Alter the Value of Their Investments?
Michael Martinez, Brian W. Nolan; Mayer Brown LLP;
Legal Alert/Article
March 26, 2015, previously published on March 25, 2015
The America Invents Act of 2011 (AIA) created procedural vehicles for new market participants, such as investment firms, to challenge patents. These procedural vehicles include inter partes review (“IPR”) and post-grant review (“PGR”). Recent use of these procedures by...

 

Adobe PDFSecond Circuit Lays Out New Rules for Restitution
Deirdre A. McEvoy, Joseph R. Richie, Harry Sandick; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
March 23, 2015, previously published on February 2015
On February 6, 2015, the United States Court of Appeals for the Second Circuit decided an appeal, United States v. Cuti, which interpreted the restitution provisions of the Victims and Witnesses Protection Act (VWPA). The decision is significant because it seems to place a notable limitation on the...

 

Adobe PDFSupreme Court Permits Appeal to Go Forward in LIBOR Antitrust Lawsuit
Jennifer A. Dixon, Deirdre A. McEvoy, Harry Sandick; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
March 23, 2015, previously published on January 2015
On January 21, 2015, the Supreme Court decided a narrow but important issue of appellate jurisdiction in cases that have been consolidated for pretrial proceedings by the Judicial Panel on Multidistrict Litigation. A unanimous Court ruled that when a district court in the consolidated action...

 

Adobe PDFDistrict Court Vacates Insider Trading Guilty Pleas in Misappropriation Case in Light of Landmark Newman Decision
Jared S. Buszin, Daniel S. Ruzumna, Harry Sandick; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
March 23, 2015, previously published on January 2015
On January 22, 2015, a district judge in the Southern District of New York vacated previously accepted guilty pleas in an insider trading prosecution brought under the “misappropriation” theory. The district court’s short order provides an initial look at the potential reach of...

 

Adobe PDFSupreme Court Rejects the Government’s “Fishy” Interpretation of Sarbanes-Oxley Obstruction Statute
Sophie B. Kaiser, Harry Sandick; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
March 23, 2015, previously published on February 2015
On February 25, the United States Supreme Court issued a decision in Yates v. United States. This case involved the interpretation of Title 18, United States Code, Section 1519, a statute that was added as part of the Sarbanes-Oxley Act of 2002, and which provides that a person is guilty of a crime...

 

HTMLUS Second Circuit Heightens the Standard of Proof Required To Sustain Tipper/Tippee Insider Trading Convictions
Melanie M. Burke, Joseph De Simone, William Michael, Richard M. Rosenfeld, Matthew A. Rossi; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on December 15, 2014
On December 10, 2014, in United States v. Newman, et al., the US Court of Appeals for the Second Circuit clarified the elements required to establish insider trading in tipper/tippee cases by holding that “in order to sustain a conviction for insider trading, the government must prove beyond...

 

HTMLBroker-Dealer Regulation Under the New Penny Stock Disclosure Rules: An Appraisal
Dennis Hernandez Associates PA;
Legal Alert/Article
February 18, 2015, previously published by Columbia Business Law Review
The over-the-counter (¿OTC¿) market serves as the primary equity market in the United States for small publicly-traded corporations. Historically, regulatory authorities and private sector analysts have failed to effectively monitor the veracity of broker-dealer transactions in this market,...

 

Adobe PDFMajor Reversal of Insider Trading Convictions After Trial: Second Circuit Sets High Bar for Tippee Liability
Jared S. Buszin, Harry Sandick; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
February 6, 2015, previously published on December 2014
The United States Court of Appeals today reversed the convictions for insider trading of Todd Newman and Anthony Chiasson. The Court held that the government was required to prove, but did not, that the defendants knew that the insider who disclosed the confidential information did so in exchange...

 

Adobe PDFWhite Collar Crime—Insider Trading
Jeremy E. Deutsch; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
Legal Alert/Article
February 6, 2015, previously published on December 2014
The basis for imposition of tipping liability for insider trading has been clarified by the Second Circuit.

 

HTML6th Circuit Holds Applicant Is Not An “Employee” And Has No False Claims Act Cause Of Action Against Prospective Employer
Joseph C. Toris; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 9, 2014
On November 18, 2014, the U.S. Court of Appeals for the Sixth Circuit issued a decision dismissing an employment applicant's claims that he had been retaliated against under the False Claims Act (FCA), Environmental Reorganization Act (ERA) and four other environmental statutes. In Vander Boegh v....

 


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