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- CL&M Obtains Dismissal of Federal Securities and Commodities Claims In Case of First Impression Under the U.S. Supreme Court’s Decision in Morrison
CL&M Obtains Dismissal of Federal Securities and Commodities Claims In Case of First Impression Under the U.S. Supreme Court’s Decision in Morrison
CL&M counsel Judith Wallace and associate Alexander G. Malyshev, supervised by partner Gary D. Sesser, secured the dismissal of a $50 million dollar claim by former sales agents and certain investors against a hedge fund located in Nevis, in a federal lawsuit in the Southern District of New York. In a case of first impression, Judge Kimba M. Wood held that the U.S. Supreme Court’s decision in Morrison v. Nat’l Austl. Bank and the standard set forth by the Second Circuit Court of Appeals in Absolute Activist Value Master Fund Ltd. V. Ficeto for federal securities claims also apply to claims under the federal Commodity Exchange Act.
Plaintiffs alleged jurisdiction in Federal court on allegations of securities fraud under §10-b, Rule 10b-5, and §20(a) of the Securities Exchange Act (“SEA”) and commodities fraud under §4o of the Commodity Exchange Act (“CEA”).
CL&M also represents the defendants in a similar case, Loginovskaya v. Batratchenko, 12-cv-00336 (S.D.N.Y., 2012), before Judge J. Paul Oetken, where the same arguments regarding the CEA were presented. That case was argued on March 8, 2013, and a decision is pending.
At the 2018 Commitment to Justice Awards, Legal Assistant Bill Borenstein was honored with the Deborah E. Smith Award. The award acknowledged Mr. Borenstein for his years of outstanding service.
Managing Partner Christine Fazio and Ethan Strell, assistant general counsel of the National Audubon Society, co-wrote an article featured in the New York Law Journal on the Migratory Bird Treaty Act (MBTA), one of the oldest…
Carter Ledyard Counsel Valentino Vasi was quoted in an article published by the Bank Insurance & Securities Association (BISA) regarding best practices and suggestions for improving cybersecurity polices for financial…
Carter Ledyard & Milburn is proud to participate in this year’s Justice Served campaign, an effort by the legal community to end hunger in New York City.
On January 22, 2018, the New York Law Journal published a recent decision by the New York County Surrogate's Court granting a motion to dismiss in favor of a Carter Ledyard client.
Carter Ledyard is pleased to announce that Melissa Erwin and Karen Meara will become counsel to the firm effective January 1, 2018
Carter Ledyard Partner Pang Zhang-Whitaker is presenting a series of 8 weekly talks on “Chinese cross border investments in the US – law and practice" for the China Council for the Promotion of International Trade…
Carter Ledyard represented the East River Fifties Alliance (“ERFA”) in its successful though controversial application to amend the New York City Zoning Resolution to prevent the development of ultra-tall towers…
On November 1, Carter Ledyard client CooperSurgical, Inc. completed its previously announced purchase of the assets and global rights and business of the PARAGARD® Intrauterine Device (IUD) product from Teva…
On behalf of its client, Suffolk County, Carter Ledyard successfully defeated an application by certain oceanfront property owners on Fire Island to preliminarily enjoin the County from acquiring easements on their…
On January 16, 2016, after years of intense negotiations and numerous interim agreements, the United States, the United Kingdom, Germany, France, Russia and China (the five permanent members of the United Nations Security…
Carter Ledyard helped one of its merchant cash advance clients prevail in a litigation in which a merchant sought to vacate a judgment entered against it by our client based on an affidavit of confession of judgment.