Todd G. Cosenza

Willkie Farr & Gallagher LLP

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Recently by Todd G. Cosenza

Litigation

Back To Basic: Proof Of Materiality Not Needed To Trigger The Fraud-On-The-Market Presumption Of Reliance

The United States Supreme Court held in Amgen v. Connecticut Retirement Plans & Trust Funds that investors need not prove materiality at the class certification stage to invoke the rebuttable presumption of reliance on public misrepresentations under Basic v. Levinson.[1] The 6-3 decision...

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Litigation

“Well, Now I’m Screwed. I Can’t Sell.” The Words That Will Take The SEC’s Insider Trading Case Against Mark Cuban To Trial

Recently, in S.E.C. v. Cuban, No. 08-CV-2050, 2013 WL 791405 (N.D. Tex. March 5, 2013), a federal district court denied Mark Cuban’s motion for summary judgment. The court held that although the question was “in some respects a close one,” there was sufficient dispute over the...

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Finance

The Second Circuit Weighs In On Challenges To Class Certification In MBS-Related Litigation

The Second Circuit recently issued a decision that will impact the scope of class actions in mortgage backed securities-related litigation. In N.J. Carpenters Health Fund v. RALI Series 2006-Q01 Trust, Nos. 11-1683 & 11-1684 (2d Cir. 2012), the court affirmed a district court decision...

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Morrison v. National Australia Bank: The Supreme Court Addresses The Extraterritorial Application Of U.S. Securities Laws

In Morrison v. National Australia Bank , No. 08-1191 (June 24, 2010), the Supreme Court clarified and significantly limited the extraterritorial application of Section 10(b) of the Securities Exchange Act of 1934 - the primary antifraud provision of the U.S. securities laws. Under the Court'...

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Federal District Court In Mark Cuban Case Issues Decision On Misappropriation Theory Of Insider Trading

On July 17, a federal district court in Dallas, Texas issued an important decision, S.E.C. v. Cuban , 2009 WL 2096166 (N.D. Tex. July 17, 2009), addressing the scope of liability under the "misappropriation" theory of insider trading. That theory, recognized over a decade ago by the...

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