Several of the leading Minnesota and Eighth Circuit cases dealing with securities law and regulation have been litigated by Moss & Barnett’s litigation attorneys. They have handled securities fraud claims – for defendants and plaintiffs, including class actions – as well as regulatory, broker dealer and registered representative arbitrations.
When complex securities laws and financial matters are involved, the Moss & Barnett securities litigators draw upon their collective experience and knowledge to get to the heart of the dispute and press for successful resolution.
[03/10] Sec. & Exch. Comm'n v. Tambone In SEC's action against executives of a registered broker-dealer for allegedly allowing certain preferred customers to engage in market timing, district court's dismissal of the SEC's Rule 10b-5(b) claim is affirmed as the SEC's expansive interpretation of "make" as used in Rule 10b-5(b) is inconsistent with the text of the rule and with the ordinary meanings of the phrase "to make a statement," inconsistent with the structure of the rule and relevant statutes, and in considerable tension with Supreme Court precedent. (En Banc opinion)
[03/10] Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd. In an appeal from a district court's order granting plaintiff's motion for a preliminary injunction and enjoining defendant from proceeding with an arbitration initiated against plaintiff before the Financial Industry Regulatory Authority, the order is affirmed where the "serious questions" standard for assessing a movant's likelihood of success on the merits remains valid in the wake of recent Supreme Court cases, and neither the district court's assessment of the facts nor its application of the law supported a finding of abuse of discretion.
