September 01, 2014

Inside This Issue

The Critical Role Played by Private Enforcement of the Securities Laws on Behalf of Taft-Hartley Pension Plans in the Aftermath of the Mortgage-Backed Securities Crisis – A Case Study

Using the recent $270 million Harborview settlement as an instructive lens, Cohen Milstein partners Steven J. Toll and Michael B. Eisenkraft examine the important role private attorneys and Taft-Hartley Pension Plans play in recovering money in the wake of the mortgage-backed securities crisis.  This article originally was published in Bloomberg BNA Pension & Benefits Daily.. The full article can be read here.

Supreme Court Overturns Moench Presumption in Fifth Third Bancorp v. Dudenhoeffer

The Supreme Court’s recent decision in Dudenhoeffer caused a radical reshaping of the liability and obligations of Employee Stock Ownership Plans (“ESOP”) fiduciaries.  This article explores the far-reaching implications and effects of this decision.. The full article can be read here.

A Safe Harbor for Lying? Warning Investors About Knowingly False Predictions

If a corporate officer tells investors that something major could happen to adversely affect the company’s financial forecast when, in fact, he or she knows that the bad news already has occurred, is that statement a “meaningfully cautionary” disclosure protected from liability by a “safe harbor,” or does this action constitute securities fraud under the Private Securities Litigation Reform Act?  As this analysis reveals, it all depends on the Court, with three Circuit courts saying “no” and two saying “yes.”. The full article can be readhere.

The full September 2014 issue can be read here.

More information about Cohen Milstein’s Securities Fraud/Investor Protection Practice can be found here, or call (202) 408-4600.