IF A COMPANY HIDES FRAUD FOR MORE THAN THREE YEARS IT IS REWARDED: WHY ARE INVESTORS BEING PUNISHED?
APRIL 5, 2018. The Ontario Court of Appeal upheld a lower court’s decision that under absolutely no circumstance can an Ontario statutory claim for secondary market liability exceed three years in length. Yes, really. In Kaynes v. BP PLC, 2018 ONCA 337, the investor alleged that BP PLC released documents […]
U.S. SUPREME COURT: U.S. FEDERAL COURTS DO NOT HAVE EXCLUSIVE JURISDICTION OVER CERTAIN SECURITIES CLAIMS
March 20, 2018. One of the common arguments advanced by corporate defendants in shareholder litigation in provincial courts has been that the Canadian courts should not exercise their jurisdiction to adjudicate investors’ claims if the securities were purchased on the Nasdaq or NYSE. Often these lawyers will make submissions that […]
FRAUDSTERS BEWARE: THE ONTARIO SECURITIES COMMISSION WILL SCRUTINIZE WHETHER THE DEFENDANT ADMITS TO ENGAGING IN WRONGFUL CONDUCT IN FOREIGN PROCEEDINGS.
On February 28, 2018, the Commissioner of the Ontario Securities Commission refused to rubber-stamp a settlement from a former chairman, chief executive officer, and president of a publicly traded company, MDC Partners, Inc. The allegations against the former executive were that he improperly received over $10 million for personal expenses […]
Investors seek certification of their fraud claim against Volkswagen AG
February 6, 2018. Quebec-based investors, represented by Morganti & Co. and Faguy & Co., made submissions to the court to exercise jurisdiction and certify the investor fraud claims against Volkswagen AG. The investors are seeking to represent other similarly situated investors that purchased Volkswagen AG’s securities on European and U.S. […]
February 3, 2018. Wolfgang Klein of HiFi Radio with The Wolf on Bay Street (640 Toronto) invited Andrew Morganti to explain how his Firm helps investors get money back from bad investments against domestic and foreign companies.
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