On-Demand Learning

Transcripts

Litigation

Securities

Recorded on: Feb. 15, 2013

AMY TAUB: Thank you. Hello, my name is Amy Taub, and I am a Program Attorney with PLI. I would like to welcome you to today's briefing, Regulation FD and Social Media in the Wake of the Netflix Investigation-- Facebook, Blogging, and Beyond. Before we begin, I have some administrative announcements. This briefing will be one hour in length. Please feel free to send questions at any time during the briefing. Please remember that you have access to ...

Recorded on: Feb. 7, 2013

AMY: It is now my pleasure to turn this briefing over to John Tuttle. JONATHAN TUTTLE: Hello all and welcome and thanks for joining on the call today. What Matt and I are going to talk about really had its most recent origin in some newspaper articles that Matt will discuss later talking about 10b5-1 trading plans and bringing those plans kind of back to the forefront of both the enforcement and the corporate issuer context. I think what we're going ...

Recorded on: Dec. 17, 2012

N. ADELE HOGAN: OK. Hi. Welcome back, everybody, after the break. So now is an important panel because we're going to focus on securities and liability and litigation. And this is the ammunition you need to help your clients get through their problems and also to counsel your clients, particularly on the corporate side, so they don't get into problems or the problems are contained. So I'm really thrilled today to have three prestigious practitioners ...

Recorded on: Nov. 13, 2012

COLLEEN MAHONEY: --next panel is focusing on developments in securities litigation. It is being led by Bruce Angiolillo, a senior partner in the litigation department at Simpson Thatcher, where he heads the securities litigation practice focusing on class actions, derivative actions, and contests for corporate control. Bruce? BRUCE ANGIOLILLO: As I pour my glass of water. COLLEEN MAHONEY: I'm sorry. BRUCE ANGIOLILLO: Thank you, Colleen. It's very ...

Recorded on: Jun. 28, 2012

STEVEN R. PEIKEN: Thanks, Rich. Sounds like my mom wrote that introduction. We have a great group of panelists, and let me introduce them to you briefly before we jump into this. So seated immediately to my right is David Anders, who's a partner at Wachtell, Lipton, Rosen & Katz, where his practice focuses on the representation of Fortune 500 and other companies in white collar criminal and related investigations. Before joining Wachtell, Lipton, ...

Recorded on: Jun. 28, 2012

HELEN: Welcome back everybody. It's my pleasure to introduce the moderator of our next panel, Mei Lin Kwan-Gett. And I'll let her introduce her other panelists. Mei Lin is a partner at Willkie Farr & Gallagher here in New York and is the co-head of that firms White Collar Criminal Defense Practice Group. Mei Lin specializes in white collar criminal defense, regulatory enforcement matters, internal investigations, and complex commercial litigation. Before ...

Recorded on: Jun. 28, 2012

RICHARD J. MORVILLO: This next panel is going to be talking about actually conducting the investigation. It took us a better part of an hour and 45 minutes to talk about all the background. And we are very fortunate to have another esteemed panel of experts in the area. And I'll introduce them. Nancy needs no introduction. To Nancy's right is David Brodsky, who is a partner at Cleary Gottlieb here in New York, who-- and this is going to be a refrain ...

Recorded on: Jun. 18, 2012

SPEAKER 1: Welcome everyone. And thank you for attending. We have an audience, I hear, that will grow as the morning progresses. But it's one of our largest audiences. And we also have a large following out on the web today. And so we're very pleased to have this great level of participation in this seminar. We've been doing this for a number of years now. Steve and I have been involved in it for, I'd say, seven or eight years maybe. Prior to our ...

Recorded on: Jun. 11, 2012

LAURIN BLUMENTHAL KLEIMAN: Welcome back, everybody. So now comes the time when we talk about what happens when things allegedly go wrong. We spent most of the first 2/3 of this program talking about the intricacy of the regulatory framework and the principles underlying investment company regulation, and now we have two speakers who are going to talk to you about what happens when mutual funds and other investment companies get involved in litigation. So ...

Recorded on: Apr. 27, 2012

LYLE ROBERTS: Great. We are back. And thanks, everybody, for coming back in. And this panel will now be on seeking resolution, strategies in mediation and settlement. And as you know, through the morning, we kind of took you through the case from investigation, to filing of a civil action, to some of the litigating of the civil action. And an important piece, especially in a securities class action, is the potential for settlement. And so this panel ...

Recorded on: Apr. 27, 2012

JONATHAN K. YOUNGWOOD: OK, so even as the panelists sit down, I'm going to introduce them. JAMES R. SWANSON: Does that mean you'd like us to sit down? JONATHAN K. YOUNGWOOD: I said even as you sit down. So the mediation failed. No matter what you saw, the mediation was a failure. The summary judgment motion has been lost, and now we're going to talk about trial of the case. Briefly introduce the panelists. Sitting right next to me is Marc De Leeuw. ...

Recorded on: Apr. 27, 2012

LYLE ROBERTS: Great. So let's get started with our final panel of the day. And really the reason we're all here of course, which is to do some ethics and ethical issues in complex securities litigation. And with me today for the final panel I have Felipe Arroyo, who is with Robbins Umeda. We've got Paul Gluckow at Simpson Thacher. Harold Gordon with Jones Day. And Jim Windels with Davis Polk. All of whom have extensive experience in securities litigation. And ...

Recorded on: Apr. 27, 2012

JONATHAN K. YOUNGWOOD: Panel, yes. So we've talked about the investigation, the government regulatory aspect, which is often how a securities case starts. We've talked about the drafting of the complaint, the filing of the complaint, the likely motion to dismiss the Complaint. And lo and behold, we can all assume that the Medicines R Us case was not thrown out on a motion to dismiss. And so it's going to continue as a civil securities case, likely ...

Recorded on: Apr. 27, 2012

LYLE ROBERTS: Great. If everyone is settled in, or getting settled in, we will launch into our second panel today, which is, OK, we've had the investigation. Or at least we've talked about the issues surrounding investigation, and perhaps a quick, early settlement, if possible, with the SEC. But what about the civil actions? Our fact patterns suggest that we're going to have a lot of civil actions going on, including multiple securities class actions ...

Recorded on: Apr. 27, 2012

JONATHAN K. YOUNGWOOD: We are now going to formally start our first panel, and let me briefly introduce the panelists who are up here with me now. I will go from my right down the panel, so you're left, or left to right. Adam Hakki, immediately next to me, is a partner at Shearman & Sterling in their litigation group. He has extensive experience representing clients in complex securities actions and shareholder litigation, as well as in civil ...

Recorded on: Feb. 16, 2012

AMY TAUB: Greetings My name is Amy Taub, and I am a program attorney with PLI. I would like to welcome you to today's briefing, Say on Pay Lawsuits, an update under the Dodd-Frank Act. Before we begin, I have some administrative announcements. This briefing will be one hour in length. Please feel free to send questions at any time during the briefing. Please remember that you have access to materials for this briefing via the course handbook tab ...

Recorded on: Feb. 13, 2012

BARRY P. BARBASH: Good morning, all. Thank you for coming up today for day two of the Investment Management institute. Paul and I, every year sit down after a conference, and then a few months after that get together again and think about what we're going to do differently from one year to the next. And coming into this year, I'm not sure either of us-- because we're both generally corporate lawyers-- really wanted to acknowledge it, but ultimately ...

Recorded on: Dec. 16, 2011

AMY TAUB: Thank you. Greetings. My name is Amy Taub, and I am a program attorney with PLI. I would like to welcome you to today's briefing, Securities And Shareholder Litigation: 2011 Year End Update And Recent Developments. Before we begin, I have some administrative announcements. This briefing will be one hour in length. Please feel free to send questions at any time during the briefing. Please remember that you have access to materials for this ...

Recorded on: Nov. 17, 2011

RICHARD CLARY: And I'm going to move over to this, because I wanted to prove that even with complex litigation you can go low tech. So we have the standard flip chart which is about as low tech as you can get, but I think will be useful, or at least [INAUDIBLE]. First I want to just describe what the pieces are, because it will help you understand, I hope, where everybody's trying to get in complex litigation. So for Enron, the starting point was ...

Recorded on: Oct. 18, 2011

DAVID KISTENBROKER: All right. Well, welcome back. We're going to get underway now with the 3 o'clock panel. I have to say that I'm very excited about this. This is the first time that the globalization aspect, if you will, of securities litigation has been included in the PLI Institute that we're here for today, and I'm extremely excited about it. When we went to PLI with it they said, the what? And we had a brief discussion and they said, boy this ...

Recorded on: Oct. 18, 2011

DAVID H. KISTENBROKER: Start us off? TIMOTHY A. DELANGE: I'd be happy to. Thank you, Seth and David. I think my first response is I can't predict what the next new big wave is going to be, and if I did, all my opponents up here on the defense side would argue there's no loss causation, they'd argue there's truth on the market everyone knew about it because we anticipated it. But I think Seth did a good job summarizing what happens from the plaintiff's ...

Recorded on: Oct. 18, 2011

DAVID KISTENBROKER: All right. Welcome back to the 1:30 session, the afternoon kickoff session. This is going to be, I think, as Seth pointed out this morning, a first time ever in San Francisco, mediation simulation, if you will, to show you how the sausage is really made. We've got a great panel assembled for you today. You know Seth Aronson. Seth will be playing the defense counsel for the corporation in this case. Next to him is Allan Kleidon. ...

Recorded on: Jun. 9, 2011

SPEAKER 1: All right, welcome back. Throughout the day we've heard all about fees, and conflicts of interest, and the role of the board. And one of the themes that you've been hearing over and over again is a lot of these principles and the protocols that funds operate under have been established through litigation and in the courts. So it makes perfect sense for us to now focus on registered investment company litigation throughout the ages. And ...

Recorded on: Feb. 16, 2011

AMY: Now it's my pleasure to turn this briefing over to Larry Zweifach. LAWRENCE J. ZWEIFACH: Amy, thank you very much. Today, the municipal securities market is prominently featured on the SEC's regulatory and enforcement radar screen. As an example, in the fall of 2010, the SEC initiated a series of field hearings led by Commissioner Elise Walter to explore the current state of the municipal securities market, with one of the principal goals being ...

Recorded on: Jun. 22, 2010

SPEAKER 1: OK, so now comes the panel you've all been waiting for. No pressure, but you guys have gotten a lot of buzz throughout the day as to how terrific this panel is going to be. So let me just introduce Mark Holland and Lori Martin. Both of these lawyers have decades of experience representing investment advisers and mutual funds in various types of litigation, as well as other types of general securities litigation. Mark is a partner at Goodwin ...