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The SEC Whistleblower Program: A Game-Changer for FCPA Violations
Partner Jordan A. Thomas authored an article on November 15, 2011 for the FCPA Compliance and Ethics Blog. This article examines the SEC whistleblower program's impact on the detection, punishment, and deterrence of violations of the Foreign Corrupt Practices Act (FCPA).
November 15, 2011
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The Limitations of Corporate Compliance
Partner Jordan A. Thomas authored an article in the November 7, 2011 issue of the New York Law Journal discussing the limitations of corporate compliance and how establishing an ethical culture that deters misconduct is important in a post-Dodd Frank environment.
November 07, 2011
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The True Price of Trusting Custodians
Of Counsel Dominic J. Auld authored an article in the October 25, 2011 issue of Nordic Region Pensions Investment News about how the lack of transparency leaves institutional investors in danger of falling victim to unethical and illegal conduct by their custodian bank.
October 25, 2011
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Advocacy & Counsel for the SEC Whistleblower: A Primer for Employment Lawyers
Partner Jordan A. Thomas co-authored an article in the October 11, 2011 issue of BNA's Daily Labor Report, regarding the increase in whistleblower activity and, by extension, the impact on the workplace environment. This article examines the protections provided by the statute and offers practical guidance for the plaintiff's employment lawyer in identifying and counseling potential SEC whistleblowers.
October 11, 2011
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Whistleblowers & PE
Partner Jordan A. Thomas authored an article in the September 6, 2011 issue of Private Equity Manager (PE Manager) discussing how many GPs don’t appreciate the significant impact the whistleblower provisions in Dodd-Frank will have on their businesses and what they can do to address them.
September 06, 2011
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Point-Counterpoint: Dodd-Frank Whistleblower Rules
Partner Jordan A. Thomas and Jordan Eth, Co-Chairman of Morrison & Foerster's securities litigation group face off on a Point-Counterpoint regarding the Dodd-Frank Whistleblower Rules.
August 09, 2011
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Shell Game
Attorneys Michael W. Stocker and Yoko Goto co-authored an article in the June 10, 2011 issue of The Deal. They discuss how reverse mergers are becoming an increasingly popular way for private companies seeking access to capital markets, but they offer little benefit for investors.
June 10, 2011
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M&A on the rise — and litigation may well follow
Attorneys Michael W. Stocker and Christine S. Azar co-authored an article in the April, 4, 2011 issue of The National Law Journal regarding the surge in mergers and acquisitions activity, and the division that they create between the shareholders and the boards interests.
April 04, 2011
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Running on Empty
Attorneys Michael W. Stocker and Christine S. Azar co-authored an article in the February 18, 2011issue of The Deal. They discuss how permitting shareholders with no economic interests to vote in corporate elections is undermining confidence in already-fragile public markets.
February 18, 2011
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SEC Contemplating Governance Reforms
Attorneys Christopher J. Keller and Michael W. Stocker co-authored an article in the December 2010/January 2011 issue of Executive Counsel regarding how provisions on corporate governance in the Dodd-Frank Wall Street Reform and Consumer Protection Act, together with a new concept paper on corporate governance mechanics recently issued by the SEC, signal a broad re-examination of the role of the shareholder in U.S. corporations.
December 01, 2010
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Is the Shield Beginning to Crack?
Attorneys Christopher J. Keller and Michael W. Stocker co-authored an article in the November 15, 2010 issue of the New York Law Journal on class action waiver clauses in arbitration agreements.
November 15, 2010
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Many Mentors, Many Lessons
Partner Martis Alex authored an article for the New York Law Journal's Women in the Law issue.
November 08, 2010
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The Duchesses Come Out Swinging in Dukes: Restoring the Balance in Class Certification
Attorneys Jay L. Himes and William V. Reiss co-authored an article in the August, 2010 issue of The CPI Antitrust Journal regarding the decision in Dukes v. Wal-Mart Stores, Inc., where the Ninth Circuit became the most recent federal court of appeals to address the district court’s role in deciding whether a plaintiff has met Federal Rule 23’s class certification requirements.
August 01, 2010
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A Recall for Toyota's Corporate Governance?
Attorneys Michael W. Stocker and Yoko Goto co-authored an article in the April 5, 2010 issue of Pensions & Investments regarding how the scandal regarding Toyota Motor Corp. will play a major role in influencing the international and domestic debate on corporate governance for years to come.
April 05, 2010
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NFL: Single Entity or Sherman Act Violator?
Attorneys Hollis L. Salzman and Kellie Lerner co-authored an article in the March 8, 2010 issue of the New York Law Journal on how American Needle Inc. v. National Football League, No. 08-661 presents a ripe opportunity for the U.S. Supreme Court to resolve the long disputed single entity status of the NFL and its member teams, and how the court’s decision may dramatically alter the application of antitrust law to professional sports leagues and other competitor collaborations.
March 08, 2010
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Reining In the Credit Ratings Industry
Attorneys Christopher J. Keller and Michael W. Stocker co-authored an article regarding the future of the credit ratings industry in the January 11, 2010 issue of the New York Law Journal. They examine how politicians and regulators, in both the European Union and the US, have been inspired by the financial crisis of 2007 and 2008, to undertake systematic reforms of the credit ratings industry.
January 11, 2010
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Trade Talk: SEC Facing Thorny Issues with Flash Trading, Dark Pools, Naked Access
Attorneys Christopher J. Keller and Michael W. Stocker co-authored an article in the December 14, 2009 issue of Pensions & Investments regarding how rapid technological innovation in the markets, including “flash trading,” “dark pool” markets and “naked access” is challenging traditional notions of fairness and are posing new problems for the Securities and Exchange Commission.
December 14, 2009
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American Needle v. NFL: The Supreme Court Tackles Whether Pro Football Should Be Exempt From Antitrust Laws
Attorney Kellie Lerner authored an article in the December 2009 issue of the Antitrust Litigation Reporter on how the application of the antitrust laws to the National Football League is currently being revisited in American Needle Inc. v. National Football League, No. 08-661, in which the U.S. Supreme Court is considering whether the NFL and its 32 member teams can conspire among themselves in violation of the antitrust laws.
December 01, 2009
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Undermining Accounting Rules
Attorneys Michael W. Stocker and Craig A. Martin co-authored an article in the October 9, 2009 issue of Investment Week regarding the Financial Accounting Standards Board’s recent rule changes and their implications and potential risks for investors.
October 19, 2009
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Recent Developments In Class Arbitration
Partner Bernard Persky co-authored an article regarding the recent developments in the area of law governing class arbitration in the September 17, 2009 issue of Mealey's Litigation Report
September 17, 2009
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Role of the Event Study in Loss Causation Analysis
Attorneys Martis Alex and Michael W. Stocker co-authored an article regarding the role of event studies in loss causation analysis in the August 20, 2009 issue of the New York Law Journal.
August 20, 2009
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Loss Causation and the Global Economic Crisis
Attorneys Joel H. Bernstein and Ira A. Schochet co-authored an article regarding loss causation and the global economic crisis in the July 27, 2009 issue of BNA's Securities Regulation & Law Report.
July 27, 2009
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Pensions & People July 2009
Partner Thomas A. Dubbs discusses the Obama administration’s plan to install a single agency to oversee the entire financial system in his July 2009 column in Pensions Age.
July 01, 2009
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Death of the Worldwide Class?
Chairman Lawrence A. Sucharow co-authored an article regarding the future of international investors as lead plaintiffs in U.S. class actions in the June 22, 2009 issue of BNA's Securities Regulation & Law Report.
June 22, 2009
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Iqbal and the Twombly Pleading Standard
Attorneys Hollis Salzman and Gregory Asciolla co-authored an article in Competition Law360 analyzing the Supreme Court ruling in Ashcroft v. Iqbal, which provided additional guidance in interpreting the plausibility pleading standard established in Bell Atlantic Corp. v. Twombly.
June 15, 2009
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Monopoly Is What Happens While You’re Busy Making Speeches: Change We Can Believe In Comes To The Antitrust Division
Partner Jay L. Himes authored an article regarding the decision by Christine A. Varney, in her first public speech after being confirmed as Assistant Attorney General for the DOJ's Antitrust Division, to withdraw the Antitrust Division's controversial report discussing conduct by monopolists and dominant firms in the June 12, 2009 issue of BNA's Antitrust & Trade Regulation Report. Mr. Himes examines the background of the DOJ report, and opportunities for the Antitrust Division's new leadership to identify anticompetitive conduct that calls for enforcement action in federal court.
June 12, 2009
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Schapiro Takes Right Path on Market Reform
Chairman Lawrence A. Sucharow authored an article in the June 1, 2009 issue of Pensions & Investments regarding the recent remarks by Mary L. Schapiro, chairman of the Securities and Exchange Commission, who has sought a way to increase the policing and reform of the markets, without imposing additional strains on scarce federal resources, through self-regulatory organizations and other third parties such as auditors who can do compliance reviews.
June 01, 2009
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The Bulwark of Private Investment
Partner Thomas A. Dubbs co-authored an op-ed in the June 2009 issue of Pensions Age arguing that private litigation is an effective way of ensuring that financial markets function well and can be trusted.
June 01, 2009
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Shortsighted?
Partner Thomas A. Dubbs co-authored an article in the May 29, 2009 issue of IDD magazine. Mr. Dubbs discusses short-selling and the SEC's implementation of several new rules created to prevent market participants from short-selling when markets are in decline, however, these regulations may have unintended consequences.
May 29, 2009
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Reality Check
Attorney Michael W. Stocker co-authored an article discussing the history of short selling regulation and the recently proposed reforms in the May 27, 2009 issue of The Deal.
May 27, 2009
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The Class Action Fairness Act: A Wolf in Wolves’ Clothing
Partner Jay L. Himes authored an article regarding the Class Action Fairness Act in the May 8, 2009 issue of BNA's Class Action Litigation Report. Mr. Himes examines interlocutory appeals of federal court remand orders, and ‘‘the intersection between CAFA-covered class actions and cases that State Attorneys General bring, typically, on behalf of victimized consumers.’’
May 08, 2009
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Japan's past recession provides a cautionary tale.
Attorneys Christopher J. Keller and Michael W. Stocker compare the United States’ current financial crisis and attempts at recovery to the Japanese recession and recovery plan over a decade ago in the April 13, 2009 issue of the National Law Journal.
April 13, 2009
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Don't Repeat UBS's Mistake
Attorneys Thomas A. Dubbs and Michael W. Stocker co-authored an article focusing on the implications that jurisdiction clauses have on international securitized debt litigation in the April 2009 issue of the International Financial Law Review.
April 01, 2009
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Pensions & People April 2009
Partner Thomas A. Dubbs discusses the general outrage in both the U.S. and the UK of executive bonuses in his April 2009 column in Pensions Age.
April 01, 2009
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Pensions & People November 2008
Partner Thomas A. Dubbs discusses the benefits of UK involvement in U.S. class actions in his November 2008 column in Pensions Age.
November 01, 2008
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Key to Avoiding Compensation Suits Governance
Attorneys Edward Labaton and Michael W. Stocker co-authored an article regarding stock-option backdating and corporate governance in the July/August 2008 issue of Financial Executive.
August 01, 2008
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Contact by Counsel with Putative Members of Class Prior to Class Certification
Attorney Ira A. Schochet co-chairs the Class Action Litigation and Ethics and Professionalism Committees of the Commercial and Federal Litigation Section of the New York State Bar Association, which prepared the report "Contact by Counsel with Putative Members of Class Prior to Class Certification,"published in the NYLitigator Summer 2008, Vol. 13, No. 1 issue.
August 01, 2008
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Antitrust Looms Large in the Supreme Court's Past Term
Partner Hollis L. Salzman co-chairs the Antitrust Litigation Committee of the Commercial and Federal Litigation Section of the New York State Bar Association, which prepared the report "Antitrust Looms Large in the Supreme Court’s Past Term," published in the NYLitigator Summer 2008, Vol. 13, No. 1 issue.
August 01, 2008
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Analysis of Abbott Laboratories Antitrust Litigation
Attorneys Hollis L. Salzman and Michael W. Stocker co-authored an article regarding the In re Abbott Laboratories Antitrust Litigation in the June 20, 2008 issue of the BNA's Pharmaceutical Law & Industry Report.
June 20, 2008
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US Focus: Time for action
Attorneys Thomas A. Dubbs and Alan I. Ellman co-authored an article regarding the role of UK and European investors in US class actions in the April 17, 2008 issue of the UK's Legal Week.
April 17, 2008
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The Advantages of Not Opting Out of Class Action Litigation
Attorneys Bernard Persky and Gregory Asciolla co-authored an article entitled "The Advantages of Not Opting Out of Class Action Litigation." The article ran in the Corporate Counseling Committee's latest edition of its newsletter, The Antitrust Counselor.
February 01, 2008
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Corporate Fraud Is Not Constructed By Plaintiffs' Bar
Partner Bernard Persky authored an article in Competition Law 360 in response to an article entitled "State Attorney General Class Actions Raise Concerns" which launched a wide-ranging attack on the role of private counsel in government enforcement actions.
October 15, 2007
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'Tellabs': PSLRA Pleading Test Comparative, Not Absolute
Attorneys Christopher J. Keller and Michael W. Stocker co-authored an article in the New York Law Journal entitled "Tellabs: PSLRA Pleading Test Comparative, Not Absolute" regarding securities plaintiffs' pleadings and how they will be affected by the U.S. Supreme Court's decision in the Tellabs v. Makor Issues & Rights Ltd case.
October 03, 2007
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Pension P.I.
Attorney Dominic J. Auld authored an article regarding executive compensation in the November 2006 issue of Benefits Canada.
November 01, 2006
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44th Street Notes
Edward Labaton commented in the March 2005 issue of 44th Street Notes, The Association of the Bar of the City of New York, "Plan Your Retirement: Senior Lawyers Committee Offers Ageless Advice."
March 01, 2005
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Cipro Maker Fighting Antitrust Suits
Bayer accused of illegal deal to suppress generics
(Originally published in The National Law Journal)
This article reviews the recent history of litigation involving Bayer and the anti-anthrax prescription drug, Cipro.
October 23, 2001
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