Markets go up. Markets go down. Investors beware? An investor accepts the risks of normal business successes and failures; but investors should never accept the risk that a company is withholding adverse facts from investors. Companies submit that they do not want to overwhelm investors with ordinary business operations that could cause confusion, so they decide…Read More
(JANUARY 1, 2020) Sajjad Nematollahi has joined Morganti & Co., P.C. as a principal. Sajjad has close to a decade of professional experience representing investors in shareholder litigation. He earned legal degrees from Harvard Law School (LL.M., 2010) and McGill University, Faculty of Law (LL.M., 2009). Sajjad previously practiced law at Siskinds LLP.Read More
(October 3, 2019). None of us enjoy getting kicked in the face from an investment gone bad. It hurts more when the investment goes bad when the company’s share price drops from an announcement admitting that before you made the investment it was already being investigated for accounting irregularities. What about when Canadian courts, supported…Read More
June 1, 2018. Ian Liverovich has joined Morganti & Co., P.C. as an associate. His focus will be representing institutional and retail investors in claims relating to cross-border commodity, financial market, and securities manipulation. Ian previously worked in Washington, D.C. and articled at DLA Piper (Canada) LLP. INVESTORS’ RIGHTS AGAINST FRAUDSTERS HAVE BEEN UPHELD. June…Read More
May 29, 2018. Morganti & Co teamed up Faguy & Cie (Montreal) to advance a shareholders’ claims against Volkswagen Aktiengesellschaft (“VWAG”). The claim alleges, see the VWAG’s guilty plea filed in the U.S. Federal District Court for the Eastern District of Michigan, that VWAG engaged in a global fraud concerning certain of its diesel engines…Read More
MAY 1, 2018. Albert Pelletier has joined Morganti & Co., P.C. as a principal. Albert has over two decades of professional experience between the Canadian securities industry and practice of law. He has worked as an Investment Advisor at Nesbitt Burns while in business school and graduated with distinction from McGill University Law School with…Read More
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 containing misrepresentation about omitting material…Read More
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 Canadian courts should abstain from…Read More
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 and failed to disclose these…Read More
Notice of Certification and Notice of Hearing for Settlement Approval of the Barkerville Gold Mines Ltd. Securities Class Action
TORONTO–(BUSINESS WIRE)–A settlement has been reached in the putative class action against “Barkerville Gold Mines Ltd.”, TSXV: “BGM” pursuant to which the action will be dismissed if the settlement is approved by the Court. The putative class consists of all persons, other than Excluded Persons, who acquired “Barkerville Gold Mines Ltd.”, TSXV: “BGM” securities during…Read More