Morgan Lewis

Securities Litigation & Enforcement Publications of Interest

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02/01/12 Select SEC and FINRA Broker-Dealer Cases and Developments: 2011 Year in Review
In 2011, the SEC and FINRA continued their vigorous enforcement of the securities laws, resulting in an increase in enforcement cases brought against broker-dealers, with a 60% increase in such SEC enforcement actions and a 13.5% increase in FINRA disciplinary actions since 2010.
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Related News

08/12/10 CardioNet Wins Dismissal Of Investor Class Action, Law360
Federal judge throws out securities class action against Morgan Lewis client CardioNet Inc.
01/01/10 Law360 Names Morgan Lewis as a Top Securities Defense Firm for 2009
Law360 selected Morgan Lewis as one of five top securities defense firms of the year, citing the firm's capacity for combining counseling and transactional securities law with dispute litigation and enforcement.
12/02/09 Judge Is Unimpressed with Coughlin Stoia's Confidential Witnesses, Dismisses Class Action Against Zimmer, The AmLaw Litigation Daily
Indianapolis federal district court judge dismisses class action against Morgan Lewis client Zimmer Holdings Inc.
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02/01/12 Select SEC and FINRA Broker-Dealer Cases and Developments: 2011 Year in Review

LawFlash/Client Alert | Securities LawFlash
Alex Kaplan, E. Andrew Southerling, Shaina Stahl, Sarah Nilson, David Snider, Casey Cohen, Ben Indek, Julia Miller, Charles Manice, Ivan Harris, Anne Flannery, Katarzyna Mularczyk, John Matthews, Kevin Rover, Julie Marcacci, Todd Smith, Kerry Land, Mary Dunbar, Nicholas Losurdo, Rahul Rao

In 2011, the SEC and FINRA continued their vigorous enforcement of the securities laws, resulting in an increase in enforcement cases brought against broker-dealers, with a 60% increase in such SEC enforcement actions and a 13.5% increase in FINRA disciplinary actions since 2010.

January 2012 2011 Year in Review: SEC and FINRA Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
E. Andrew Southerling, Shaina Stahl, Casey Cohen, Ben Indek, Julia Miller, Charles Manice, David Snider, Anne Flannery, Katarzyna Mularczyk, John Matthews, Kevin Rover, Julie Marcacci, Todd Smith, Ivan Harris, Kerry Land, Mary Dunbar, Nicholas Losurdo, Rahul Rao

This Outline highlights key U.S. Securities and Exchange Commission (the "SEC" or the "Commission") and Financial Industry Regulatory Authority ("FINRA") enforcement developments and cases regarding broker-dealers during 2011. ... more

10/27/11 Opening Remarks, presented at the 12th Annual A.A. Sommer, Jr. Lecture on Corporate, Securities and Financial Law, New York

Presentation | Speech
Ben Indek

10/12/11 SEC and SRO Enforcement Developments Regarding Broker-Dealers

LawFlash/Client Alert | Securities LawFlash
Securities Practice

The Morgan Lewis Securities Litigation and Enforcement Practice has published an outline highlighting recent key U.S. Securities and Exchange Commission (the SEC or the Commission) and Financial Industry Regulatory Authority (FI... more

06/21/11 Supreme Court Establishes Bright-Line Rule for 10b-5 Liability, But Questions Remain: Janus Capital Group, Inc. v. First Derivative Traders

LawFlash/Client Alert | Securities LawFlash
Securities Practice

On June 13, in an important victory for the investment management industry, the U.S. Supreme Court held that mutual fund adviser Janus Capital Management LLC (JCM) and its parent, Janus Capital Group, Inc. (JCG), could not be he... more

06/08/11 U.S. Supreme Court: Investors Can Seek Class Action Status Without Proving Loss Causation

LawFlash/Client Alert | Litigation LawFlash
Karen Pohlmann, Marc Sonnenfeld

In Erica P. John Fund, Inc. v. Halliburton Co. , 563 U.S. __ (June 6, 2011), the U.S. Supreme Court resolved a split in the lower courts as to whether securities fraud plaintiffs must prove loss causation to obtain class certif... more

06/06/11 ARB Ruling Takes Broad View of Scope of Protected Activity Under SOX

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In the latest sign that the Department of Labor (DOL) is taking a harder line against employers defending whistleblower claims under the Sarbanes-Oxley Act (SOX), the DOL's Administrative Review Board (ARB) recently ruled in S... more

03/23/11 U.S. Supreme Court: Manufacturer Can Be Sued for Failing to Disclose Adverse Reports

LawFlash/Client Alert | Securities LawFlash
Jason Wilson, Ben Indek, Christian Mixter, Jill Baisinger, Karen Pohlmann, Marc Sonnenfeld

On March 22, the U.S. Supreme Court rejected a line of lower-court cases holding that statistically insignificant adverse event reports could not be material to the reasonable investor, see In re Carter-Wallace, Inc., Sec. Li... more

March 2011 Morgan Lewis 2010 Hedge Fund Enforcement Year in Review

Morgan Lewis Title | White Paper
E. Andrew Southerling, Anne Flannery, Ivan Harris

As expected, hedge funds remained a predominant focus for the SEC's Enforcement program in 2010. The various insider trading actions arising out of the Galleon Management, LP scandal and the focus on expert networks captured ... more

02/10/11 The SEC Speaks 2011: Aggressive Enforcement to Continue Post-Reorganizational and Legislative Changes

LawFlash/Client Alert | Securities LawFlash
Christian Bartholomew, E. Andrew Southerling, Patrick Conner

At the annual "The SEC Speaks" conference on February 4 in Washington, D.C., the Securities and Exchange Commission (SEC or the Commission) Chairman Mary Schapiro and senior officials from the Division of Enforcement reported on... more

01/31/11 2010 Year in Review: Selected Federal Securities Litigation Developments

Morgan Lewis Title | White Paper
John Vassos, Brian Herman, Karen Pohlmann, Gayle Gowen

Morgan Lewis's third annual review of selected decisions from the United States Courts of Appeal addressing private actions under the federal securities laws.

01/27/11 2010 Year in Review: SEC and SRO Enforcement Developments Regarding Broker-Dealers

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

The Morgan Lewis Securities Litigation and Enforcement Practice has published an outline highlighting selected U.S. Securities and Exchange Commission (the SEC or the Commission), Financial Industry Regulatory Authority (FINRA),... more

January 2011 2010 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Alice McCarthy, Michael Kraut, Anne Flannery, Ben Indek, Christian Mixter, Kerry Land, David Snider, Mary Dunbar, Kevin Rover, E. Andrew Southerling, Julia Miller

This Outline highlights selected U.S. Securities and Exchange Commission (the "SEC" or the "Commission"), Financial Industry Regulatory Authority ("FINRA") and NYSE Euronext enforcement actions and developments regarding broker-... more

12/22/10 SEC Enters Into First Nonprosecution Agreement as Part of Its New Cooperation Initiative

LawFlash/Client Alert | Securities LawFlash
Ivan Harris, Ben Indek, Christian Mixter, Meredith Auten

On December 20, the Securities and Exchange Commission (SEC or the Commission) announced that it had entered into the first nonprosecution agreement under its year-old cooperation initiative. more

August 2010 2010 Mid-Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Alice McCarthy, Michael Kraut, Anne Flannery, Ben Indek, Kerry Land, Patrick Conner, David Snider, Mary Dunbar, Kevin Rover, E. Andrew Southerling, Julia Miller

This Outline highlights selected U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) and Financial Industry Regulatory Authority (“FINRA”) enforcement actions and developmen... more

07/08/10 The SEC and the Profession, presented at the 22nd Annual ALI-ABA Course of Study on Accountants' Liability: Litigation and Issues in the Financial Crisis, Boston

Presentation | Speech
Christian Mixter

06/07/10 Congress Set to Arm SEC with Increased Enforcement Capability

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Litigation Practice

The U.S. financial reform legislation that recently passed in the Senate and House is expected, after reconciliation in joint committee, to bring a new expansion of SEC market oversight, including collateral bars for securities laws violators, new whistleblower incentives and protections, and increased regulation of municipal securities.

02/25/10 Enforcement Developments Regarding Broker-Dealers, Law360 Guest Column

Outside Publication | Article
Ben Indek, Michael Kraut

02/23/10 Securities Litigation Developments In 2009, Law360 Guest Column

Outside Publication | Article
Brian Herman, Karen Pohlmann

02/11/10 The SEC Speaks 2010: Fast-Paced Reform Continues in 2010

LawFlash/Client Alert | Securities LawFlash
E. Andrew Southerling, Patrick Conner

In her opening remarks before the annual "SEC Speaks" conference on February 5 in Washington, D.C., Securities and Exchange Commission (SEC or the Commission) Chairman Mary Schapiro underscored that 2009 was a year of significan... more

01/28/10 2009 Year In Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

The Morgan Lewis Securities Litigation and Enforcement Practice has published an outline highlighting selected U.S. Securities and Exchange Commission (SEC or the Commission), Financial Industry Regulatory Authority (FINRA), and... more

January 2010 2009 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Alice McCarthy, Michael Kraut, Kurt Rademacher, Anne Flannery, Ben Indek, Kerry Land, David Snider, Kevin Rover, Julia Miller

This outline highlights selected U.S. Securities and Exchange Commission (the “SEC” or the “Commission”), Financial Industry Regulatory Authority (“FINRA”), and NYSE Regulation enforcement ac... more

01/28/10 2009 Year in Review: Selected Federal Securities Litigation Developments

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

Morgan Lewis is pleased to present our second annual review of selected decisions from the United States Courts of Appeal addressing private actions under the federal securities laws. We summarize below key decisions analyzi... more

January 2010 2009 Year in Review: Selected Federal Securities Litigation Developments

Morgan Lewis Title | White Paper
Michelle Ferreri, Karen Pohlmann, Elizabeth Frohlich, Brian Herman, John Vassos, Gayle Gowen

Morgan Lewis is pleased to present our second annual review of selected decisions from the United States Courts of Appeal addressing private actions under the federal securities laws. We summarize below key decisions analyzi... more

January 2010 The Securities and Exchange Commission Announces New Cooperation Initiative

Morgan Lewis Title | White Paper
E. Andrew Southerling, Kevin Rover, Ben Indek, Christian Mixter, Patrick Conner

On January 13, 2010, the Securities and Exchange Commission (SEC or Commission) announced a series of new measures designed to encourage individuals and companies to cooperate in Enforcement Division (the Division) investigation... more

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