Securities Litigation News

April 9, 2013

ThomsonReuters | April 9, 2013
U.S. District Judge Sidney Stein in Manhattan said that Citigroup's current shareholders have been left to pay for the settlement under the current terms of the agreement. He said he was concerned about the impact on future bank conduct, citing the lack of any planned payments by individual defendants including former Chief Executive Charles Prince.

April 8, 2013

Wall Street Journal | Subscription Required | April 8, 2013
A New York judge has approved Bank of America's $2.43 billion settlement of a class action lawsuit brought by shareholders over the company's acquisition of former competitor Merrill Lynch.
ThomsonReuters | April 8, 2013
New York Attorney General Eric Schneiderman defended his $22.5 billion lawsuit against JPMorgan Chase & Co in the face of the bank's claims that the mortgage-backed securities case was brought too late and and was too vague to go forward.
D & O Diary | April 8, 2013
One of the more vexing litigation problems to emerge recently has been the proliferation of multi-jurisdiction litigation, where corporate defendants are forced to litigate essentially the same claim in multiple courts at the same time. 

April 5, 2013

Reuters | April 5, 2013
Amid the fusillade of securities suits against the banks that sponsored and underwrote mortgage-backed notes, there have been a couple of reasons to pay particular attention to the Franco-Belgian bank Dexia’s case against JPMorgan Chase and its predecessors Bear Stearns and WaMu Mortgage. For starters, it was a big case: $1.6 billion in MBS and supposed damages of about $800 million. Moreover, Dexia’s lawyers at Bernstein Litowitz Berger & Grossmann had piled allegations into an amended complaint so apparently damning that it was the basis of a splashy story in The New York Times. And finally, the case was shaping up as a bellwether for MBS claims by individual investors. The litigation was on the rocket docket of U.S. Senior District Judge Jed Rakoff of Manhattan, who denied the bank’s motion to dismiss last September and talked in a recent hearing about a July trial date on Dexia’s claims. Given the resounding victory Rakoff delivered in February to the bond insurer Assured Guaranty in Assured’s MBS case against Flagstar Bank, the Dexia case seemed like it could be a perfect storm for defendants: a strong plaintiffs’ firm trying a high-profile case before a judge with demonstrated skepticism for bank defenses.
The D&O Diary | April 5, 2013
As I have previously noted on this blog (most recently here), plaintiffs’ lawyers recently have evolved a new approach to litigation relating to the advisory “say on pay” vote required under the Dodd-Frank Act. Under this most recent version of the say on pay litigation, the plaintiffs’ lawyers seek to enjoin upcoming shareholder votes on compensation or employee share plans on the grounds of inadequate or insufficient disclosure.

April 4, 2013

ThomsonReuters | April 4, 2013
There may be no more glaring example of the shifting terrain for securities litigation than the case against the Royal Bank of Scotland. Back in January 2011, RBS was one of the early beneficiaries of the U.S. Supreme Court's bar on shareholder suits against foreign defendants. 

April 2, 2013

Reuters | April 2, 2013
A Manhattan federal judge on Monday signaled he will not rubber-stamp Citigroup Inc's proposed $590 million settlement of a shareholder lawsuit accusing it of hiding tens of billions of dollars of toxic mortgage assets.
ThomsonReuters | April 2, 2013
Back in 2011, when I first took note of a securities class action against Research In Motion, I said that I hoped RIM's lawyers had the foresight to request a bonus in the event that they got the case tossed on a motion to dismiss. Two years, 50 docket entries and 11 confidential informants later, my initial assessment of the claims against RIM were validated Friday by the dismissal, with prejudice, of shareholders' securities fraud case. 

April 1, 2013

American Lawyer | Subscription Required | April 1, 2013
One day after announcing its first profitable quarter in two years, Research in Motion Ltd. (now BlackBerry) fended off claims that it misled investors about its faltering market position.