23 Cited authorities

  1. Anwar v. Fairfield Greenwich Ltd.

    728 F. Supp. 2d 372 (S.D.N.Y. 2010)   Cited 149 times
    Holding that sufficient indicia of partnership and detrimental reliance on those representations are necessary to establish partnership-by-representation
  2. Glaser v. The9 Ltd.

    772 F. Supp. 2d 573 (S.D.N.Y. 2011)   Cited 87 times
    Holding that "highly unusual and suspicious" resignations support scienter
  3. In re Lehman Brothers Securities Erisa Litigation

    799 F. Supp. 2d 258 (S.D.N.Y. 2011)   Cited 79 times   1 Legal Analyses
    Holding that statements regarding compliance with GAAS and GAAP are inherently statements of opinion
  4. In re Indymac Mortg.-Backed Sec. Litig.

    718 F. Supp. 2d 495 (S.D.N.Y. 2010)   Cited 62 times
    Holding Wyoming only had standing to pursue Section 12 claims as to INDX 2006-AR11
  5. Public Employees' Ret. Syst. v. Merrill Lynch Co.

    714 F. Supp. 2d 475 (S.D.N.Y. 2010)   Cited 53 times   1 Legal Analyses
    Holding that a Section 15 claim was not pleaded where a complaint only alleged that individual defendants were officers or directors of a primary violator
  6. In re Moody's Corp. Securities Litigation

    599 F. Supp. 2d 493 (S.D.N.Y. 2009)   Cited 52 times
    Holding that plaintiffs had established loss causation where they had identified corrective disclosures relating to Moody's independence, integrity and ratings methodologies that corresponded to stock price drops
  7. Rapoport v. Asia Electronics Holding Co., Inc.

    88 F. Supp. 2d 179 (S.D.N.Y. 2000)   Cited 63 times
    Holding that where documents relied on in drafting the complaint contradict the complaint, "the documents control and this Court need not accept as true the allegations of the amended complaint"
  8. Dobina v. Weatherford Int'l Ltd.

    909 F. Supp. 2d 228 (S.D.N.Y. 2012)   Cited 37 times   2 Legal Analyses
    Holding that "one may reasonably infer that [a company's] internal controls in fact were inadequate throughout the class period" where a later public filing details a material weakness in internal controls
  9. In re Metropolitan Securities Litigation

    532 F. Supp. 2d 1260 (E.D. Wash. 2007)   Cited 40 times
    Holding that a cause of action based on an omission requires the plaintiff to show "how [an] alleged omitted fact negates the truth of or renders misleading the statements actually made"
  10. In re Flag Telecom Holdings, Ltd.

    02 Civ. 3400 (WCC) (S.D.N.Y. Feb. 25, 2004)   Cited 33 times
    Holding that plaintiffs failed to plead control where they alleged "Verizon was a control person because Verizon's predecessor co-founded [the primary violator], Verizon owned almost 30% of [the primary violator's] voting stock and Verizon selected three of the nine members of [the primary violator's] Board of Directors"
  11. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 1,906 times   56 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
  12. Section 78d-3 - Appearance and practice before the Commission

    15 U.S.C. § 78d-3   Cited 8 times

    (a) Authority to censure The Commission may censure any person, or deny, temporarily or permanently, to any person the privilege of appearing or practicing before the Commission in any way, if that person is found by the Commission, after notice and opportunity for hearing in the matter- (1) not to possess the requisite qualifications to represent others; (2) to be lacking in character or integrity, or to have engaged in unethical or improper professional conduct; or (3) to have willfully violated