Arthur Luk

Jul 4, 2024 | mondaq.com | Veronica E. Callahan |John Elwood |Daniel M. Hawke |Arthur Luk

In a term packed with landmark rulings, the U.S. Supreme Court held that the Seventh Amendment to the U.S. Constitution entitles a defendant to a jury trial when the U.S. Securities and Exchange Commission (the SEC or the Commission) charges securities fraud and seeks civil penalties pursuant to Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, or Section 206 of the Investment Advisers Act of 1940. See Securities & Exchange Commission v.

Jul 2, 2024 | arnoldporter.com | Veronica E. Callahan |John Elwood |Daniel M. Hawke |Arthur Luk

IntroductionIn a term packed with landmark rulings, the U.S. Supreme Court held that the Seventh Amendment to the U.S. Constitution entitles a defendant to a jury trial when the U.S. Securities and Exchange Commission (the SEC or the Commission) charges securities fraud and seeks civil penalties pursuant to Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, or Section 206 of the Investment Advisers Act of 1940.

Apr 22, 2024 | mondaq.com | Veronica E. Callahan |Joel Greenberg |Andrew Johnson |Arthur Luk

On Friday, April 12, 2024, a unanimous U.S. Supreme Court ruled in Macquarie Infrastructure Corporation v. Moab Partners, L.P., 601 U.S. ___ (2024), that a "pure omission" based on a failure to disclose information required by Item 303 of Regulation S-K (Item 303) in periodic filings with the U.S. Securities & Exchange Commission (SEC), is not actionable under Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5(b).

Apr 15, 2024 | arnoldporter.com | Veronica E. Callahan |Joel Greenberg |Andrew Johnson |Arthur Luk

On Friday, April 12, 2024, a unanimous U.S. Supreme Court ruled in Macquarie Infrastructure Corporation v. Moab Partners, L.P., 601 U.S. ___ (2024), that a “pure omission” based on a failure to disclose information required by Item 303 of Regulation S-K (Item 303) in periodic filings with the U.S. Securities & Exchange Commission (SEC), is not actionable under Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5(b).

Oct 16, 2023 | mondaq.com | Ellen K. Fleishhacker |Arthur Luk |Jane Norberg |Erik Walsh

On September 25, the U.S. Securities and Exchange Commission (SEC) a US$19 million settlement with the investment adviser DWS Investment Management Americas Inc.