The Impact of Morrison on Securities Fraud Litigation

Program Number: 2138

Program Date: 10/12/2011

Description

In Morrison v. National Australia Bank the Supreme Court delimited the scope of Section 10(b) of the Securities Exchange Act to transactions in the U.S. This represented a dramatic change in the reach of the antifraud provisions of the federal securities laws. Within weeks of the decision the DOJ and the SEC secured a legislative fix when Dodd-Frank was passed, but the fix only applies to the government. Now Morrison is curtailing the reach of the securities laws in private actions as well as suits brought by the SEC, and the impact of the ruling goes beyond securities cases and has impacted those brought under RICO and may reach others. There is also doubt about the legislative fix and its vitality. Join Tom Gorman of Dorsey & Whitney LLP as he analyzes Morrison and the impact it is having on securities litigation and other suits and discusses the vitality of the Dodd-Frank provision intended to legislatively overrule Morrison as to the DOJ and the SEC.

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Available in states

Arizona, California, Colorado Eligible, Florida, Georgia, Missouri, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit
60 minute credit hour - 1.0 General CLE credit

State Program Numbers

Presenters


Thomas O. Gorman, Esq.

Dorsey & Whitney LLP

Thomas O. Gorman, Esq. is a partner in the Washington, D.C. office of Dorsey & Whitney LLP. Mr. Gorman, whose practice involves a wide range of civil and criminal securities and business litigation matters, including conducting internal corporate investigations, defending public companies and individuals in SEC and DOJ investigations, and defending securities class action and derivative suits, is Co-chair of the ABA White Collar Crime Securities Section, and a former member of the staff of the Securities and Exchange Commission's Enforcement Division and Office of the General Counsel. He is a frequent speaker and author of articles regarding securities litigation topics and publishes a blog (www.SECActions.com), which comments on trends and current events in SEC and DOJ securities enforcement investigations and actions. Among his other honors, and those awarded for his blog, he has been selected since 2007 for inclusion in Super Lawyers in the area of securities litigation and Washington Business Journal previously recognized him as one of the five top lawyers in Washington, D.C.