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Regulators probe bank's role in Facebook IPO
Corporate Governance | 2012/05/23 09:29
Regulators are examining whether Morgan Stanley, the investment bank that shepherded Facebook through its highly publicized stock offering last week, selectively informed clients of an analyst's negative report about the company before the stock started trading.

Rick Ketchum, the head of the Financial Industry Regulatory Authority, the self-policing body for the securities industry, said Tuesday that the question is "a matter of regulatory concern" for his organization and the Securities and Exchange Commission.

The top securities regulator for Massachusetts, William Galvin, said he had subpoenaed Morgan Stanley. Galvin said his office is investigating whether Morgan Stanley divulged to only some clients that one of its analysts had cut his revenue estimates for Facebook before the stock hit the market on Friday.

The bank said late Tuesday that it "followed the same procedures for the Facebook offering that it follows for all IPOs," referring to initial public offerings of stock. It said that its procedures complied with regulations.

The questions about the role played by Morgan Stanley, the lead underwriter for the deal, add to the confusion surrounding Facebook's IPO. In the most hotly anticipated stock debut in years, the offering raised $16 billion for the social networking company, valuing it at $104 billion.



Court says farmers must pay bankruptcy tax
Corporate Governance | 2012/05/14 21:30
The Supreme Court says a farming family has to pay tax on the bankruptcy sale of their farm.

The high court on Monday voted 5-4 for the IRS in its fight with Lynwood and Brenda Hall over their bankruptcy sale of their 320-acre farm in Willcox, Ariz.

The Halls were forced to sell their family farm for $960,000 to settle their bankruptcy debts. That sale brought about capital gains taxes of $26,000.The Halls wanted the taxes treated as part of the bankruptcy, paying part of it and having the court discharge the rest.

The IRS objected to that plan, saying all of the taxes must be paid and the 9th U.S. Circuit Court of Appeals in San Francisco agreed with the tax agency.

The high court agreed with that decision.






Former CEO guilty in 'Ponzi' scheme
Corporate Governance | 2011/08/18 09:21
The former CEO of an Austin-based investment firm was found guilty on Wednesday on federal charges that he schemed and defrauded investors out of millions of dollars.

Triton Financial CEO Kurt Branham Barton was named in a 39-count indictment alleging he used former NFL stars and church contacts to raise $50 million fraudulently from investors.

The counts against Kurt Branham Barton included money laundering, wire fraud and securities fraud. He is accused of using the money raised from investors "to support an expanding Ponzi scheme" and to enrich himself and the chief financial officer of his Triton Financial firm.

“It is regrettable that selfish, greedy individuals devise schemes to make themselves rich by victimizing honest and innocent people, often depriving the victims of their life savings," U.S. Attorney John E. Murphy said. "These con artists are usually very accomplished salesmen taking advantage of trusting investors, who unfortunately will never be made whole again."

Evidence presented during the eight-day trial showed that from December 2005 and December 2009, Barton devised a scheme to obtain money from investors under false pretenses.



E. Idaho investor pleads guilty in fraud case
Corporate Governance | 2011/06/01 08:58
A former eastern Idaho investor has pleaded guilty to felony wire fraud and money laundering as part of an agreement with federal prosecutors.

Daren Palmer, who appeared in U.S. District Court in Pocatello on Tuesday, remains on supervised release until his sentencing on Aug. 22.

Prosecutors say Palmer duped clients out of millions of dollars in a Ponzi scheme over the course of several years. Investigators accused him of using his company, Trigon Group, to fraudulently take more than $76 million from 68 separate investors.

State and federal officials called it a classic Ponzi scheme, in which money from new investors is used to pay off earlier investors. The scheme falls apart when clients start trying to pull their money out and there aren't enough new investors to provide funds.

In Idaho, federal prosecutors filed charges against Palmer last month after a two-year FBI investigation. The Securities and Exchange Commission and the Commodity Futures Trading Commission won civil lawsuits against Palmer, who was ordered to pay about $90 million in restitution and fines.

Palmer has cooperated with his prosecution and wanted to plead guilty as early as a year ago, said assistant U.S. Attorney Jack Haycock.



Apple hit by lawsuit over in-app purchases by kids
Corporate Governance | 2011/04/20 09:20

Apple is facing a lawsuit from a Pennsylvania man whose 9-year-old daughter racked up $200 in charges buying "Zombie Toxin" and other game items on her iPod.

The lawsuit seeks class-action status, saying Garen Meguerian of Phoenixville is among many people with bill shock after children went on buying sprees in iPhone, iPad and iPod games. These games are typically free to download, but players can buy items that speed up the game.

An Associated Press story in December highlighted the issue. In many cases, it appeared that children bought items such as "Smurfberries" from "Smurfs' Village" without knowing they were spending real money. ITunes didn't ask for a password for in-game purchases if it had been entered within the previous 15 minutes for any reason. This meant that parents could download a free app, hand over their devices to their kids, and later find big charges on their iTunes accounts.

Apple reversed the charges of complaining customers. It also tightened its password policy with a software update in March. Entering the password outside an app no longer triggers a password-free period for in-app purchases, which now have a separate 15-minute timer.

Apple spokeswoman Kristin Huguet said the company does not comment on pending litigation.



Credit Suisse to pay $70m to settle suit
Corporate Governance | 2011/03/11 12:47

Credit Suisse has agreed to pay $70 million to settle a class-action suit by investors claiming it misstated its subprime asset losses.
In an agreement filed in Manhattan, the Swiss bank said it would settle with investors who purchased United States depositary shares of the company’s stock on the New York Exchange between February 15, 2007 and April 14, 2008.

US residents who purchased Credit Suisse stock on the Swiss stock exchange during the period are also included. The settlement must be approved by the court.

Defendants had alleged that during the period in question, Credit Suisse and some of its executives, including chief executive Brady Dougan, issued “materially false and misleading statements regarding the company's business and financial results”.

Specifically, they alleged that Credit Suisse “concealed the company’s failure to write down impaired securities containing mortgage-related debt”.

In the settlement, Credit Suisse said it continued to “deny all charges of wrongdoing or liability”. However, the bank said it concluded that “further continuation of the action would be protracted and expensive”.



Toyota U.S. Shareholders File Consolidated Complaint on Vehicle Recalls
Corporate Governance | 2010/10/05 14:29

Toyota Motor Corp. was accused by U.S. investors of violating securities law by failing to disclose acceleration-related defects that it knew about, according to a consolidated complaint in a class-action lawsuit.

The shareholders, led by the Maryland State Retirement and Pension System, said in the Oct. 4 filing in federal court in Los Angeles that internal documents show Toyota deliberately concealed unintended sudden acceleration problems in the U.S. They said the company knew about the defects as early as 2000 and “stonewalled” regulators to avoid recalls.

“As government regulators and the media began to focus on this serious safety problem in the Toyota vehicles, defendants initially denied that any unintended acceleration problem existed, despite a plethora of internal evidence to the contrary, and instead blamed driver error and media-induced publicity,” the investors said.

Toyota’s recalls related to sudden acceleration defects have erased $30 billion in market capitalization, the investors said. The Maryland pension fund seeks to represent investors who bought Toyota’s American depositary receipts from May 10, 2005, to Feb. 2, 2010.

The fund also wants to represent investors who bought the carmaker’s common stock in domestic transactions during that period as well as, through claims made under Japanese law, all investors who bought the common stock during that time, according to the complaint.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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