Peter Saparoff

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Court Allows Volkswagen Bondholder Action to Proceed, But Expresses Doubts about the Plaintiff’s Ability to Certify a Class

As we previously noted in this post, the United States District Court for the Northern District of California dismissed the Volkswagen Bondholder Plaintiff’s first amended complaint, with leave to amend, holding that it could...more

10/1/2018 / Bonds , Class Action , Class Certification , Fraud-on-the-Market , Misrepresentation , Presumption of Reliance , Rule 10b-5 , Rule 144A , Securities Fraud , Volkswagen

Ninth Circuit Holds Transactions in Unsponsored ADRs Can Be “Domestic” Under Morrison

The Toshiba Securities Litigation stems from alleged violations of the Exchange Act, as well as the Financial Instruments and Exchange Act of Japan, against Toshiba Corp., in connection with its alleged accounting fraud and...more

8/15/2018 / Extraterritoriality Rules , International Litigation , Over The Counter Derivatives (OTC) , Petition for Writ of Certiorari , Rule 10b-5 , Section 11 , Securities Exchange Act , Securities Fraud , Securities Litigation , Toshiba

Phantom Recusal Policy Leads to Partial Summary Judgment for Plaintiffs in the Ocwen Securities Litigation

In a June 13, 2017, ruling on a motion for partial summary judgment in the Ocwen Financial Corp. Securities Litigation (the “Ocwen Litigation”), the United States District Court for the Southern District of Florida determined...more

6/30/2017 / Breach of Duty , Class Action , Conflicts of Interest , Government Investigations , Judgment As A Matter Of Law , Misleading Statements , NYDFS , Ocwen , Partial Summary Judgments , Recusal , Rule 10(b) , Rule 10b-5 , Scienter , Securities Litigation

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