Recently by James C. Dugan
TARP Enforcement: Latest Developments And Insights
In response to the economic crisis, the federal government has made as much as $3 trillion available through the Troubled Asset Relief Program ("TARP"). Recognizing that such a large pool of funds is subject to potential misuse, abuse, and fraud, Congress established the Office of the Special...
Read MoreOur Forbidding Litigation Environment Can Be Changed
The outside counsel interviewed for this Special Section discuss civil justice and litigation-relatedrecommendations designed to improve the competitiveness of U.S. capital markets and the institutions that use them. These recommendations, which were also highlighted in our May and June issues, are...
Read MoreScheme Liability Under Rule 10b-5: An Emerging Cause Of Action - Part III
Parts I and II of this article appeared in the December and January issues, respectively, of The Metropolitan Corporate Counsel. A Difference of Opinion: The Appellate Courts Weigh In Within the last few months, appellate courts have begun to weigh in on the viability of scheme liability under...
Read MoreScheme Liability Under Rule 10b-5: An Emerging Cause Of Action - Part II
Part I of this article appeared in the December issue of The Metropolitan Corporate Counsel; Part III will appear in the February issue. Scheme Liability: The District Courts Speak Notwithstanding the availability in some jurisdictions of the "substantial participation" test, Central Bank 's bar...
Read MoreScheme Liability Under Rule 10b-5: An Emerging Cause Of Action - Part I
Over a decade ago, the United States Supreme Court in Central Bank of Denver N.A. v. First Interstate Bank of Denver, N.A., 511 U.S. 164 (1994) ruled that there is no private cause of action for aiding and abetting securities fraud under Section 10(b) of the Securities Exchange Act and Rule 10b-5....
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