Affiliated Ute

Commercial Appeals Roundup

By Barry Barnett on June 28, 2021

To celebrate the arrival of summer, I am trying an experiment.

In this post–which covers almost all of June–I’ve sorted commercial rulings by the U.S. Supreme Court, the U.S. Courts of Appeals, and a selection from the highest state courts according to subject matter.

The resulting headings group decisions by broadly descriptive categories (e.g., Antitrust and Intellectual Property) for quicker reference. As usual, you may access the decisions by clicking on the case summary itself.

Please let me know you find these signposts worthwhile.
Continue Reading Commercial Appeals Roundup

Insider Trading Cases Just Got Easier

By Barry Barnett on February 6, 2014

You know that Jeffrey Abraham convinced the Second Circuit last month to revive an insider trading case against Xcelera big wigs. But did you know the case has Greater Import than Blawgletter told you about?

It does. As Jeff tells us:

The more important parts of the holding, in my opinion, are that in a claim

…

Clearing Broker Escapes Bear Trap

By Barry Barnett on March 16, 2013

Standing nearby when what our banker friends call a liquidity event takes place can result in an influx of wealth. Who doesn't want that.

The opposite feeling takes hold for what we'll refer to as liability events. These usually involve the disappearance of money that belongs to Other People. Bankers like to distance themselves in those instances.

Sometimes…

Rise After Drop in Stock Price Doesn’t Bar Damages for Securities Fraud, Second Circuit Holds

By Barry Barnett on August 2, 2012

Say you bought a share of Enron stock before it belly-flopped into chapter 11. You paid too much for it, right? $90 or so. And when the belly-flopping took place, the market price for your share in the Greatest Company Ever fell to, oh, about $1. You lost around $89 bucks, right?

Maybe. In your…

Third Circuit Rejects Shores v. Sklar Securities Fraud Theory

By Barry Barnett on August 17, 2010

Whether to treat a securities fraud case on a class basis often turns on whether the court may presume that class members relied on false statements or omissions by the defendants.

The most common form of presumption — the fraud on the market theory – won the Supreme Court's okay in Basic, Inc. v. Levinson, 485…

The Contingency