Several of the leading Minnesota and Eighth Circuit cases dealing with securities law and regulation have been litigated by Moss & Barnett’s litigation attorneys. They have handled securities fraud claims – for defendants and plaintiffs, including class actions – as well as regulatory, broker dealer and registered representative arbitrations.
When complex securities laws and financial matters are involved, the Moss & Barnett securities litigators draw upon their collective experience and knowledge to get to the heart of the dispute and press for successful resolution.
[09/05] Sindecuse v. Katsaros In a case alleging common law fraud surrounding a stock purchase, grant of summary judgment in favor of defendant is affirmed where the allegedly fraudulent statements could not support claims of fraud because they were: 1) predictions of the future; and 2) a promise of future action not accompanied by a present intent not to perform.
[09/02] Sec. and Exch. Comm'n v. Wolfson In a civil enforcement action in which the SEC alleged that defendants violated section 10(b) of the Securities and Exchange Act of 1934 and section 17(a) of the Securities Act of 1933 in relation to material misstatements and omissions contained within a public company's periodic financial reports filed with the SEC, summary judgment for plaintiff is affirmed where: 1) the SEC need not establish that specific misstatements or omissions in a financial report can be publicly attributed to an individual defendant in order to prove liability for a violation; 2) because defendants caused misstatements and omissions to be made, and knew that the statements were calculated to reach investors, they could be held liable; 3) fraudulent statements are made "in connection with" the sale of securities when they are reasonably calculated to influence investors, and the misrepresentations are material to an investor's decision to buy or sell the security; and 4) the misstatements or omissions made by defendant occurred "in the offer or sale" of securities.
