David S. Hoffner, Partner, White Collar and Securities Litigation, Dechert LLP to Speak at KC’s Event on “Foreign-Cubed” on 05/27/09
Jersey City, NJ, May 21, 2009 --(PR.com)-- The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts has announced today that David S. Hoffner, Partner, White Collar and Securities Litigation of Dechert LLP will speak at the Knowledge Congress’ webcast entitled: “Stricter Rules Governing “Foreign-Cubed” Claims For Attorneys”. This event is scheduled for May 27, 2009, at 3:00 PM - 5:00 PM EDT. (For further details, please visit: http://knowledgecongress.org/event_2009_SRG.html)
One type of litigation that has been receiving a lot of attention lately is so-called “Foreign cubed” cases. These refer to actions brought by foreign plaintiffs against foreign issuers in a U.S. court for violations of U.S. securities laws based on transactions in foreign countries. These cases include not only investors who purchased the securities in question on a U.S. securities exchange, but also foreign investors who purchased the securities on a foreign securities exchange. The application of U.S. securities laws to such foreign-based transactions is problematic for courts because of the potential to generate conflicts with other countries. Significantly, in October 2008, in Morrison v. National Australia Bank Ltd., the Second U.S. Circuit Court of Appeals refused to categorically bar foreign plaintiffs from suing in U.S. courts foreign issuers of securities for violations of U.S. securities laws based on transactions in foreign countries. Instead, it held that determining subject matter jurisdiction over foreign-cubed claims requires a fact-specific examination in each case. And, plaintiffs will still need to show that the alleged wrongful conduct had the required nexus in the United States. After this decision, many attorneys were left wondering, what does Morrison mean for the future?
This Live Webcast will scrutinize the court’s reasoning in this decision and its impact on decisions in the Second Circuit and the Southern District of New York and the entire securities industry. The program is appropriate for securities and litigation professionals alike.
About David S. Hoffner
David S. Hoffner, a partner in the litigation department, represents clients in complex civil, regulatory and criminal matters. He focuses much of his practice on representing companies and individuals in class action securities and derivative litigation and criminal and regulatory proceedings relating to securities.
Mr. Hoffner has represented numerous clients in connection with investigations and proceedings brought by the United States Securities and Exchange Commission and United States Department of Justice, as well as, on occasion, the New York State Attorney General’s Office, the New York County District Attorney’s Office, the New York Stock Exchange and FINRA. He has also helped spearhead a number of notable internal corporate investigations involving, among other things, accounting irregularities, insider trading, price fixing and other allegations of business improprieties. In connection with these and other matters, Mr. Hoffner has developed a particular expertise in representing accountants and auditors. In addition, a substantial part of his practice involves the representation of officers, directors, and/or corporations in connection with securities related class action and derivative litigation. Other areas of Mr. Hoffner’s litigation expertise include the representation of hedge fund investors, managers and other professionals in connection with civil and regulatory proceedings arising out of fund insolvencies.
About Dechert’s White Collar and Securities Litigation Practice
Dechert LLP is an international law firm with more than 1,000 lawyers providing a full range of legal services in the areas of corporate and securities, litigation, real estate finance, and financial services. Dechert’s white collar and securities litigation lawyers are powerful advocates for clients confronting allegations of financial and business crimes and related civil and class action litigation. Clients turn to our integrated practice for comprehensive representation in legal matters waged on many fronts. Our experience includes both effective advocacy before charges are brought and victorious trial tactics.
Dechert’s white collar and securities litigation lawyers have a track record of resolving difficult and sensitive matters for our clients discreetly and favorably. Chambers USA has regularly ranked Dechert among the nation’s top firms for securities regulatory enforcement and investigations. Dechert is also one of only ten U.S. firms singled out for “exemplary, cutting-edge work in civil [litigation] defense” in The National Law Journal’s 2007 “Defense Hot List.”
For more information about David S. Hoffner and Dechert LLP please visit: www.dechert.com
About The Knowledge Group, LLC/The Knowledge Congress Live Webcast Series
The Knowledge Congress is a series of live webcasts produced by The Knowledge Group, LLC, which examine trends, regulatory, and technology changes across a variety of industries. “We bring together the world's leading authorities and industry participants through informative two-hour webcast that study the impact of changing regulations and help businesses succeed through proper regulatory compliance.” To contact or to register to an event, please visit: www.knowledgecongress.org.
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One type of litigation that has been receiving a lot of attention lately is so-called “Foreign cubed” cases. These refer to actions brought by foreign plaintiffs against foreign issuers in a U.S. court for violations of U.S. securities laws based on transactions in foreign countries. These cases include not only investors who purchased the securities in question on a U.S. securities exchange, but also foreign investors who purchased the securities on a foreign securities exchange. The application of U.S. securities laws to such foreign-based transactions is problematic for courts because of the potential to generate conflicts with other countries. Significantly, in October 2008, in Morrison v. National Australia Bank Ltd., the Second U.S. Circuit Court of Appeals refused to categorically bar foreign plaintiffs from suing in U.S. courts foreign issuers of securities for violations of U.S. securities laws based on transactions in foreign countries. Instead, it held that determining subject matter jurisdiction over foreign-cubed claims requires a fact-specific examination in each case. And, plaintiffs will still need to show that the alleged wrongful conduct had the required nexus in the United States. After this decision, many attorneys were left wondering, what does Morrison mean for the future?
This Live Webcast will scrutinize the court’s reasoning in this decision and its impact on decisions in the Second Circuit and the Southern District of New York and the entire securities industry. The program is appropriate for securities and litigation professionals alike.
About David S. Hoffner
David S. Hoffner, a partner in the litigation department, represents clients in complex civil, regulatory and criminal matters. He focuses much of his practice on representing companies and individuals in class action securities and derivative litigation and criminal and regulatory proceedings relating to securities.
Mr. Hoffner has represented numerous clients in connection with investigations and proceedings brought by the United States Securities and Exchange Commission and United States Department of Justice, as well as, on occasion, the New York State Attorney General’s Office, the New York County District Attorney’s Office, the New York Stock Exchange and FINRA. He has also helped spearhead a number of notable internal corporate investigations involving, among other things, accounting irregularities, insider trading, price fixing and other allegations of business improprieties. In connection with these and other matters, Mr. Hoffner has developed a particular expertise in representing accountants and auditors. In addition, a substantial part of his practice involves the representation of officers, directors, and/or corporations in connection with securities related class action and derivative litigation. Other areas of Mr. Hoffner’s litigation expertise include the representation of hedge fund investors, managers and other professionals in connection with civil and regulatory proceedings arising out of fund insolvencies.
About Dechert’s White Collar and Securities Litigation Practice
Dechert LLP is an international law firm with more than 1,000 lawyers providing a full range of legal services in the areas of corporate and securities, litigation, real estate finance, and financial services. Dechert’s white collar and securities litigation lawyers are powerful advocates for clients confronting allegations of financial and business crimes and related civil and class action litigation. Clients turn to our integrated practice for comprehensive representation in legal matters waged on many fronts. Our experience includes both effective advocacy before charges are brought and victorious trial tactics.
Dechert’s white collar and securities litigation lawyers have a track record of resolving difficult and sensitive matters for our clients discreetly and favorably. Chambers USA has regularly ranked Dechert among the nation’s top firms for securities regulatory enforcement and investigations. Dechert is also one of only ten U.S. firms singled out for “exemplary, cutting-edge work in civil [litigation] defense” in The National Law Journal’s 2007 “Defense Hot List.”
For more information about David S. Hoffner and Dechert LLP please visit: www.dechert.com
About The Knowledge Group, LLC/The Knowledge Congress Live Webcast Series
The Knowledge Congress is a series of live webcasts produced by The Knowledge Group, LLC, which examine trends, regulatory, and technology changes across a variety of industries. “We bring together the world's leading authorities and industry participants through informative two-hour webcast that study the impact of changing regulations and help businesses succeed through proper regulatory compliance.” To contact or to register to an event, please visit: www.knowledgecongress.org.
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Therese Lumbao, Director
Account Management & Member Services
tlumbao@knowledgecongress.org
Thomas LaPointe, Jr., Executive Director
1.800.578.4370
www.knowledgecongress.org
Therese Lumbao, Director
Account Management & Member Services
tlumbao@knowledgecongress.org
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