The firm's litigation team aimed to help its client gain control of the investment by pursuing twin civil and criminal
claims against the investors, enlisting the help of forensic accountants and court - appointed experts to provide evidence of the fraud.
Not exact matches
Ackman, who runs hedge fund Pershing Square Capital Management LP, has been betting
against Herbalife shares since 2012,
claiming the company is a pyramid scheme — where new
investors unwittingly fund the profits of older
investors.
«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense
against investors»
claims of market - rigging.
The 2nd U.S. Circuit Court of Appeals in Manhattan reversed a lower court judge's dismissal of
investors» antitrust
claims against 16 banks, including Deutsche Bank AG, UBS AG, Bank of America (bac) and J.P. Morgan because she found no showing of anticompetitive harm.
Last March, Sprout's
investors filed a lawsuit
against Valeant
claiming it overcharged consumers for the pill and failed to successfully commercialize it.
On June 25, 2014, Retrophin's Board approved a settlement with the noteholders whereby Retrophin agreed to issue 401,047 restricted shares of Retrophin common stock to the
investors in exchange for a release of any
claims against Retrophin.
Other legal fights related to Uber include its battle with self - driving car company Waymo, which is suing Uber for allegedly stealing trade secrets, and a lawsuit filed by
investor Benchmark
against former chief executive officer Travis Kalanick
claiming breach of contract.
While the Bank of Portugal said the Banco Espirito Santo can avoid «contagion risks,»
investors facing losses on the notes may try to make a
claim against the bank, according to a Bank of America Corp. report.
He successfully argued
against forum non conveniens dismissal, obtaining the first ruling after the Supreme Court's decision in Morrison v. Nat» l Australia Bank Ltd., 130 S. Ct. 2869 (2010) to permit foreign
investors pursuing foreign law
claims to seek recovery for losses on a foreign stock exchange in a U.S. court.
Partner Matthew Tuccillo successfully argues
against dismissal of foreign
investor claims in U.S. court
On May 2, 2014, the United States District Court for the Eastern District of New York gave preliminary approval to a settlement of $ 280 million to resolve
claims against JPMC that it misled
investors in billions of dollars» worth of mortgage backed securities.
An «
investor» can be any citizen (corporate or individual) of any of the three Party countries (Canada, Mexico, U.S.), who has an investment in one of the three Party countries, but can not bring a
claim against his / her own country.
NAFTA Chapter 11 allows
investors, whether corporate or individual, to bring a
claim against one of the three Parties» governments.
Investors claimed it involved insider information, giving the company's internal staff an advantage over them and leading to class - action lawsuits
against the exchange.
Investors need to be compensated for taking a risk and one of the mechanisms the Canadian tax structure has in place to do that is to
claim capital losses
against capital gains.
WFI has been a proactive advocate by informing, educating and facilitating individual
investor participation in the Stichting Volkswagen
Investors Claim, a nonprofit foundation established in the Netherlands to represent the interests of victims in seeking a resolution of
investor claims against VW.
This book inoculates
investors against perverse risk - taking, and makes them more skeptical about the
claims of hot
investors.
«By providing a systematic approach to addressing these mortgages, lenders actually protect themselves
against claims by
investors or others who feel that they are arbitrarily changing or modifying the loans,» Bernanke said.
Investors began a lawsuit
against EA
claiming that they had been misled about the product.
One of Wall Street's biggest
investors, Steven Tananbaum, has filed a lawsuit
against artist Jeff Koons and the New York Gagosian Gallery,
claiming that they have failed to deliver three Koons sculptures, despite taking hefty deposits and payments from collectors.
Please do not continue to accept stakeholders» perspectives without balancing their
claims, which are based on projections of huge financial gains for the renewable energy entrepreneurs and
investors or on idealistic environmentalists,
against solid scientific research (governmental, academic and independent consultants in Ontario, Canada and internationally).
Many are
against the project,
claiming that it is really much more global; it is apparently owned by a Boston based hedge fund, the Baupost Group, run by value
investor Seth Klarman.
On the one hand, foreign
investors can bring a
claim before a domestic court
against the host - state, invoking domestic standards of protection.
First, with regard to the judicial avenues foreign
investors have
against host - states, three come to mind: (a) bringing a
claim before an
investor - state tribunal; (b) bringing a
claim before a domestic court, based on domestic and / or international standards of protection; and (c) private commercial arbitration based on a contract between the
investor and the host ‑ State.
The approach followed by the Commission, according to which the private
investor test could not be applied to the conversion into capital of a tax
claim, since a private
investor could never hold a tax
claim against an undertaking, was rejected by the General Court in first instance.
If a third state
investor brings a
claim against a member state, it may well be that the tribunal will have to interpret (or even apply) EU law in similar ways as tribunals established under intra-EU BITs.
Contrary to the Stockholm District Court, the Svea Court of Appeal found that the arbitral tribunal lacked jurisdiction to adjudicate the
claim made by Spanish
investors against the Russian Federation originating from the alleged expropriation of the Spanish
investor's investments in Yukos Oil Company.
Following a successful
claim against a fund manager, the High Court made a non-party costs order
against five
investors in the fund who had met the costs of the defence, had an interest in the outcome of the
claim (which need not be financial), and had control over the litigation by making major decisions.
He is also advising foreign
investors with potential
claims against several African governments, and arbitrating a multi-million UNCITRAL dispute
against an African state over a failed power infrastructure project.
An
investor - State tribunal, chaired by Neil Kaplan QC, has ruled that it has no jurisdiction to hear Turkcell's
claims against the Islamic Republic of Iran under the Turkey - Iran bilateral investment treaty.
Q. Opponents of the
investor - state dispute provisions of the TPP (and other free trade agreements) say that the US has never lost a
claim — presumably meaning
against it, not
claims brought by it or its
investors that did not succeed.
Opponents of the
investor - state dispute provisions of the TPP (and other free trade agreements) say that the US has never lost a
claim — presumably meaning
against it, not
claims brought by it or its
investors that did not succeed.
This case follows on from the recent judgment in Sanum Investments Ltd v Government of the Lao People's Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an
investor - State arbitral tribunal did have jurisdiction to hear
claims against the Government of Laos.
The lawsuit
claims that the company misled
investors about their financial situation and inflating the stock value by misrepresenting how BlackBerry 10 would fare on the market
against competitors.
However, the agreement is discriminatory, in that only
investors from the home state and their subsidiaries may bring a
claim against the host state before an ISDS tribunal.
Represented receiver in
claim brought in the U.S. District Court for the Northern District of Illinois
against the directors and officers of AA Capital Partners, Inc., an SEC - registered investment advisor, in a $ 60 million
claim for violations of ERISA, breach of fiduciary duty, fraud, and conversion arising out of alleged misappropriation and misuse of
investor funds.
Counsel to a major Russian group on an
investor - state
claim against a CIS state relating to a debt arising out of energy investments.
Representing the French
investor in an ICSID arbitration
against Hungary over
claims in connection with the state's take - over of the prepaid meal and services vouchers sector under the France - Hungary Bilateral Investment Treaty
a Malaysian - based
investor in successfully obtaining a NZ$ 3m judgment
against a former joint venture partner, involving breach of fiduciary duty and dishonest assistance
claims
Represented a US
investor in a
claim against a Caribbean state concerning the redevelopment of an offshore oil field.
In Colombia, a series of significant
claims against the State for an alleged breach of its obligations under free trade agreements or investment protection agreements has shown that arbitration is one of the most important tools at the disposal of independent
investors to protect them
against the possible breach of these agreements.
We routinely handle cross-border commercial disputes in connection with joint ventures, corporate transactions or IP rights, suitability
claims against brokerage firms, as well as
investor - state disputes, including
claims of expropriations.
Former partner of a firm of solicitors — representing a former partner of an established firm of solicitors
against claims of negligence, breach of FSMA and dishonest assistance brought by over 500
investors in technology schemes which were designed to be tax efficient and valued at about # 90m.
Private
investors — High Court proceedings
against a Russian bank in
claims exceeding # 25m under bonds on which the debtors have defaulted.
ISDS provisions allows
investors from the signatory states (whether individuals or corporations) to bring a
claim for compensation or other relief directly
against another signatory state where an investment in the host state has been subject to treatment that breaches the investment protections set out in the TPP.
Representation of
investor in expropriation
claim against the Russian Federation in BIT arbitration in Stockholm that secured the first award holding that the Russian measures taken
against Yukos Oil Company amounted to expropriation
The prominent Aussie firm has secured backing from Litigation Funding Partners (LFP) to pursue a shareholder
claim against wealth management giant AMP, which is accused of a slew of misdeeds, including a breach of its continuous disclosure obligations to
investors....
At Foley Hoag, he will be defending sovereign State clients
against claims by
investors before the International Centre for the Settlement of Investment Disputes (ICSID) and other arbitral tribunals.
The team recently represented a Yorkshire - based property
investor in a lease renewal dispute, and defended Yorkshire - based farming clients
against a damages
claim related to trespassing.
Represented Barbados
investor in ICSID arbitration
against the Venezuelan government involving
claims, under the Barbados - Venezuela bilateral investment treaty, with respect to automotive industry investment and restrictions on foreign exchange and importation