Backdating contracts under english law
However in practice, for both good reasons and bad, backdating of documents does occur. We obtained summary judgment on all claims, affirmed on appeal.
Dismissal was affirmed by the Ninth Circuit. He routinely defends issuers, officers, and directors in class action and other private securities litigation brought under the Securities Act and the Securities Exchange Act. The matter was settled on favorable terms following successful motions to dismiss. We represented NewMediaSpark plc in a class action alleging fraud related to a private placement memorandum for a startup company making e-commerce investments. They should also implement procedures to independently verify and safeguard the integrity of the company's financial reporting.
These decisions were upheld by the First Department, although a procedural question concerning Cayman Island law is pending before the New York Court of Appeals. Past federal appeals have included federal securities fraud, intellectual property, and federal taxation matters, and issues involving the First, Fourth, Fifth, and Sixth Amendments.
There are rare occasions when it may be permissible or even justified to do so. Within months, the firm persuaded plaintiff to abandon the case. We obtained dismissal of all claims, affirmed by the Ninth Circuit. Pursuant to the recommendation of a special litigation committee, we moved for, and obtained, dismissal of the derivative and class action claims on summary judgment. In traditionally structured firms, high performing executives gain deference, become highly influential, and take on the qualities of concentrated equity owners.
The danger arises that, rather than overseeing management on behalf of shareholders, the board of directors may become insulated from shareholders and beholden to management. The securities claims alleged improper accounting for reseller channel sales and other revenue recognition issues.
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