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    Five weeks until pitchers and catchers report, eight weeks until lawyers report - Madoff judge confirms mid-March trial for trustee's claims against Mets' owners
    2012-01-19

    Judge Jed S. Rakoff this week denied the request of Irving Picard, the trustee of Bernard L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Distressed claims trading: insider trading may lead to disallowance of bankruptcy claims and breach of fiduciary duties
    2012-01-09

    In a significant expansion of the potential risk for distressed claims traders, the Delaware bankruptcy court has recently ruled1 that traders who engage in insider trading may have their claims subordinated to equity, and that traders who amass claims sufficient to block a plan of reorganization owe fiduciary duties to all other creditors and shareholders during plan negotiations.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Mintz, Bankruptcy, Security (finance), Fiduciary, Insider trading, Bank holding company, United States bankruptcy court
    Authors:
    Paul J. Ricotta
    Location:
    USA
    Firm:
    Mintz
    The top 10 most intriguing federal securities litigation stories in 2011 (Part 2 of 2)
    2011-12-30

    Today, the Federal Securities Litigation Blog continues its with its larger-than-usual blog entry examining the Top 10 securities litigation stories that were the most intriguing in 2011. As mentioned yesterday, like any sort of Top 10 list, not everyone will agree. Other bloggers will have their own lists with different stories. But on a personal basis, these stories that fascinated me – like a good book, I look forward to the next "chapter" in these stories in 2012.

    Here's a quick headline look at the Top 5:

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Porter Wright Morris & Arthur LLP, Security (finance), Inspector general
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Financial services legislative and regulatory update - December 19, 2011
    2011-12-19

    Leading the Past Week

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Insurance, Public, Tax, White Collar Crime, Mintz, Holding company, Payroll tax, Commodity Futures Trading Commission (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Mintz
    Picard lawsuit against JPMorgan dismissed
    2011-11-30

    Irving Picard's lawsuit against JPMorgan Chase & Co. styled Picard v. JPMorgan Chase & Co., 11-cv-913, in the U.S. District Court, Southern District of New York, was dismissed on November 1, 2011.  U.S.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Sedgwick LLP, JPMorgan Chase, UBS
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP
    Picard cannot make it so: Madoff trustee’s recoveries curtailed again
    2011-11-08

    In a client advisory sent by our office a few months ago, we described a decision in the Madoff saga in which the District Court for the Southern District of New York (the Court) closed off a potential avenue of significant recovery for the Madoff Trustee (the Trustee) and the Ponzi scheme victims by denying the Trustee standing to pursue certain claims against feeder funds – firms that sent investors’ funds to Madof

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Mintz, Bankruptcy, Security (finance), Fraud, Safe harbor (law), Standing (law), Good faith, Due diligence, Bad faith, Common law, JPMorgan Chase, UBS, Westlaw, Title 11 of the US Code, Trustee, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Mintz
    This week in securities litigation (November 4, 2011)
    2011-11-04

    The rapid collapse of MF Global into bankruptcy amid claims that millions of dollars in customer funds is a key focus for the SEC and CFTC as well as SIPIC this week. Speculation over the outcome of the hearings before Judge Rakoff on the SEC’s settlement with Citigroup is also a key topic in securities litigation this week.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Dorsey & Whitney LLP, Share (finance), Bankruptcy, Injunction, Security (finance), Fraud, Subprime lending, Mortgage-backed security, Securities fraud, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Janus Capital Group, Securities Act 1933 (USA)
    Authors:
    Thomas O. Gorman
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP
    Can Picard pull off a squeeze play by using his $5.2 million lawsuit against JASA to place pressure on Saul Katz of the Mets?
    2011-10-21

    A continuing theme of this blog series on Madoff has been the perplexing and inconsistent manner, virtually to the point of arbitrariness and unfairness, with which Trustee Irving Picard has handled charities that invested with Madoff.  Installment

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, White Collar Crime, Fox Rothschild LLP, Bankruptcy, Board of directors, Form 990, The New York Times, Trustee
    Authors:
    Alain Leibman
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Fraudulent conduct of principals imputed to company, barring coverage
    2011-10-11

    The United States District Court for the Southern District of Ohio, applying Ohio law, has held that a dishonesty exclusion barred coverage under primary and excess directors and officers (D&O) policies for the Wrongful Acts of the principals of a bankrupt company, all of whom were criminally convicted of securities fraud and related crimes.  The Unencumbered Assets Trust v. Great American Insurance Co., et. al., 2011 WL 4348128 (S.D. Ohio Sept.

    Filed under:
    USA, Ohio, Capital Markets, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Wiley Rein LLP, Bankruptcy, Fraud, Waiver, Accounts receivable, Interest, Misrepresentation, Warranty, Securities fraud, US District Court for Southern District of Ohio
    Location:
    USA
    Firm:
    Wiley Rein LLP
    How to turn a bankruptcy reorganization into an insider trading charge
    2011-09-30

    In In re Washington Mutual, Inc., No. 08-12229 (MFW), 2011 WL 4090757 (Bankr. D. Del. Sept.

    Filed under:
    USA, Delaware, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Sheppard Mullin Richter & Hampton LLP, Confidentiality, Bankruptcy, Debtor, Hedge funds, Insider trading, Misappropriation, Promulgation, Federal Deposit Insurance Corporation (USA), JPMorgan Chase, Securities Exchange Act 1934 (USA), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Robert Rose
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP

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