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Vanessa Simmonds alleged in 54 separate complaints that several investment banks shared in the profits of customers who received IPO. Case opinion for US Supreme Court CREDIT SUISSE SECURITIES (USA) LLC ET AL. v. SIMMONDS. Read the Court’s full decision on. Vanessa Simmonds brought suit under Section 16(b) of the Securities Exchange Act of in order to recoup profits realized by Credit Suisse and other.

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Noted political scientist and Supreme Court scholar — Ronald Collins.

Go to Jeffrey B. The United States explains that, since the disclosure of information under Section 16 a is the primary means by which a plaintiff would acquire information that would serve as the basis of a claim under Section 16 bstarting the two-year time limit at the date on which the underwriter sees profits would facilitate precisely the wrongful evasion of suit that the 16 a reporting requirement seeks to prevent.

Judge Milan Smith, Jr. Alabama Manhattan Community Access Corp. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Petitioners maintain that these suits were properly dismissed because they were filed more than two years af-ter the alleged profits were realized.


Section 16 b limits lawsuits to a two-year period following the date on which profits from trading were realized. The Securities Act was intended to protect the market and investors against insider trading.

See Simmonds F. We granted certiorari, U. Please subscribe to download the judgment. Credit Suisse points to the language, structure, and legislative history of the suuisse to suggest that Section 16 b should be read as a stand-alone section that refers only to sujsse defendant’s conduct when setting its time limit. Texas, San Antonio Division. Securities Exchange Act of See United States v.

A federal district court consolidated the nearly identical cases and granted a motion to dismiss, stating that simmpnds two year limitation on the period on Section 16 b had expired. Second, they required that customers compensate the underwriters in exchange for shares purchased through the IPO through high commissions, commissions paid for unrelated securities, and the purchase of other securities from the underwriters.

Credit Suisse Securities (USA) LLC v. Simmonds (10-1261)

Symposium before the oral argument in The American Legion v. Section 16 itself quite clearly does not extend the period in that manner. Credit Suisse contends that Section 16 b clearly provides that the time limit begins to run on the date the profits from the short-swing suiss are realized.


Securities Exchange Act, United States, U. The limitations provision does not say so. See Brief of the Chamber of Commerce at 7. Chief Justice John Roberts recused himself from the case. Taken together, Simmonds argues, Section 16 b tolls the period of time in which a plaintiff can bring suit until the disclosure requirement in Section 16 a is met.

Get 2 points on providing a valid reason for the above change. Birk, Keller Rohrback L.

United States Fish and Wildlife Service. Showing top 93 of 93 judgment s. Supreme Court08 Jan Florida, Fort Myers Division. United States District Court, E. Wells Fargo Bank, N.

Credit Suisse v. Simmonds – Credit Suisse v. Simmonds – SIFMA

Simmonds counters by arguing that her lawsuit was timely. Contains public sector information licensed under the Open Government Licence v3. Eimmonds Energy Fund Xiv, L.