Month: August 2009

Pleading primary liability continues to present difficulties for the SEC. In cases such as SEC v. Lucent Technologies, No. 04-2315, 2009 U.S. Dist. LEXIS 35593 (D.N.J. Apr. 27, 2009) (applying bright line test), SEC v.Wolfson, 539 F.3d 1249 (10th Cir. …

PLEADING PRIMARY LIABILITY: IS THE THIRD TIME THE CHARM FOR THE SEC? Read More »

Proposed regulation of the OTC derivatives market moved forward this week with Treasury delivering its draft bill to Capitol Hill. In SEC enforcement, the Commission was back in court this week trying to explain its settlement with Bank of America. …

THIS WEEK IN SECURITIES LITIGATION (August 14, 2009) Read More »