Adam Leitman Bailey and John M. Desiderio |
The Martin Act ‘Shield’ and Private Fraud ActionsArticle |
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http://www.alblawfirm.com | On Dec. 20, 2011, the New York Court of Appeals, in Assured Guaranty (UK) LTD v. J.P. Morgan Investment Management Inc.1 finally put to rest a see-saw controversy that, for nearly a quarter century, had engendered much litigation in both the lower state courts and in the federal courts in New York over the proper interpretation of the Court’s 1987 holding in CPC International v. McKesson Corporation2 in which the Court barred private plaintiffs from asserting private causes of action based on violations of the Martin Act, New York State’s “blue sky” law that regulates the public sale of securities and real estate investment offerings. | |
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