Appeal from a post-judgment order of the United States District Court for the Southern District of New York (Baer, J.), barring defendant-appellant from acting as an officer or director of a public company for ten years, pursuant to section 21(d)(2) of the Securities Exchange Act of 1934, 15 U.S.C. ...   MORE>>

I. Introduction Defendant-Appellant Lloyds of London Syndicate 2003 ( Lloyds ) appeals the district court s denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. ( BYA ) in an action arising out o...   MORE>>

Appeal from a dismissal by the United States District Court for the Southern District of New York (Paul A. Crotty, Judge), of a complaint alleging securities manipulation in violation of Section 10(b). We affirm in part and vacate and remand in part by opinion with respect to one group of defendants...   MORE>>

Plaintiffs-Appellees, a putative class of plaintiffs, seek to recover damages from Defendants-Appellants for securities fraud under 10(b) of the Securities Exchange Act of 1934. The district court concluded that Defendants-Appellants were not entitled to use evidence of no market price impact to ...   MORE>>

In 2010, three securities exchanges, NASDAQ, NASDAQ OMX PHLX (PHLX) and NYSE Arca the intervenors in this case filed with the Securities Exchange Commission (SEC or Commission) proposed changes to their fee-setting rules for the acquisition of certain proprietary market data. Two trade associati...   MORE>>

Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010), the Securities and Exchange Commission promulgated a rule requiring certain companies to disclose payments made to foreign governments relating to the commercial development of oil,...   MORE>>

Bryan Behrens pled guilty to one count of securities fraud in violation of 15 U.S.C. 78j(b), 78ff and 17 C.F.R. 240.10b-5 ( Rule 10b-5 ). The district court sentenced Behrens to five years imprisonment, three years of supervised release, and restitution in the amount of $6,841,921.90....   MORE>>

Most people make investments in the expectation (or at least the hope) of turning a profit. But investments sometimes go sour. That happened here, and the appellants are trying to recoup their losses through a novel interpretation of an exemption in the Trust Indenture Act of 1939 (TIA), 15 U.S.C. ...   MORE>>

This case presents a challenge to the practice known in the 401(k) services industry as revenue sharing an arrangement allowing mutual funds to share a portion of the fees that they collect from investors with entities that provide services to the mutual funds, the investors, or both. Althou...   MORE>>

Appeal from the April 19, 2011 Opinion and Order by the United States District Court for the Southern District of New York (Swain, J.) granting the United States motion to dismiss Plaintiffs-Appellants claims against the United States Securities and Exchange Commission (the SEC ) for lack...   MORE>>