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Securities Fraud

04 July
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What Constitutes Misconduct by a Bankruptcy Trustee?

Posted by Starr Austen
in Securities Fraud

Trustees in a bankruptcy situation are expected to conduct themselves in a fair and professional manner, especially to the creditors and bankruptcy inspectors involved in the process. To do otherwise can be costly. A trustee may argue that he or she can be duty bound to take a position detrimental to a major creditor. However, this can’t be simply for tactical purposes. A trustee is not considered in the same light as a typical litigant in a strictly adversarial proceeding. The trustee must conduct him or herself in a fair, impartial and even-handed manner at all times, following principles set out...

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27 June
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Don’t Get Struck!

Posted by Starr Austen
in Securities Fraud

It’s always a good idea to review safety rules, especially when around equipment that could seriously injure or kill. Following is a safety checklist from the Occupational Safety and Health Administration for preventing “struck-by” injuries. Struck-by dangers can involve objects ejected from a power tool, such as a nail gun, as well as rolling, moving or sliding objects, such as a moving vehicle. Here we cover the latter. Heavy equipment •    Stay away from heavy equipment in operation, and keep track of its location,     even if it’s not in use. •    Remain outside the swing radius of cranes and backhoes. •    Stay clear...

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27 June
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Starr Austen & Miller Suspects the JOBS Act could Lead to Fraud Against Lay Investors

Posted by Starr Austen
in Latest News, Securities Fraud

Mario Massillamany of the Indiana law firm of Starr, Austen & Miller, LLP, announced an alert to the public today regarding upcoming changes in 2013 to private offerings laws with the recent enactment of the JOBS Act. The JOBS Act, formally known as the Jumpstart Our Business Startups Act, was signed into law by President Obama on April 5, 2012. According to Forbes, this Act has been heralded by many proponents as a way for small business owners and entrepreneurs to have more access to funding opportunities and to gather capital which can help them grown their businesses, and as a...

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18 June
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OSHA Fall Protection Training – Keeping it Interesting and Memorable

Posted by Starr Austen
in Securities Fraud

Regulations about falls by employees working at heights can be dull stuff when employers are trying train employees. But nothing could be more important. Employers need to keep the training interesting, keep employees engaged and, in so doing, keep them safe. When conducting training, employers need to boil down the main messages from the mass of regulatory words. Here are a few snippets of some OSHA requirements employees should know: • 1910.23(b)(1): Every wall opening from which there is a drop of more than 4 feet shall be guarded...

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09 June
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What is Carrier Liability?

Posted by Starr Austen
in Securities Fraud

Liability is a key issue when common carriers, such as buses, trucks, and taxicabs, are involved in collisions. These carriers serve upon reasonable demand by those using their services.  They are expected to uphold a high standard of care for the persons and properties they are entrusted with. Common carriers are also limited to incidental damages for breach of duty. Because bus companies, truck companies, and taxicab companies know these issues, such enterprises quickly respond when accidents happen. On the other hand, an individual or individuals involved in an automobile accident, especially one who has been injured, may not immediately respond...

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06 June
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Should Aggregate Settlements Be Subject To Judicial Review?

Posted by Starr Austen
in Securities Fraud

An aggregate settlement and a class action settlement are often mistaken for the same thing in non-legal circles, since they both involve settling the claims of multiple plaintiffs all at once. However, a large distinction between aggregate and class action settlements is the requirement that class action settlements must be subjected to judicial scrutiny, while aggregate settlements do not. The underlying facts from the recent case of Johnson v. Nextel Communications, Inc., 660 F.3d 113 (2d Cir. 2011) questions the wisdom of this distinction, and begs the question, should aggregate settlements be subjected to judicial review too? An aggregate settlement is one...

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05 June
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Call The SEC About Suspected Financial Fraud

Posted by Starr Austen
in Securities Fraud

You may have seen the recent public service announcements with Michael Douglas, channeling his famous role from the movie Wall Street, where he played Gordon Gekko, encouraging anyone knowing about insider trading, or other suspected financial fraud, to report this crime to the FBI. If not, here’s the public service announcement. While we encourage anyone knowing of insider trading or other financial fraud to contact authorities to share what you know about these crimes, it most likely is not in your financial best interest to share your tips, as a whistleblower, with the FBI. That is because when you become a whistleblower...

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04 June
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Court Sends Message That Form Doesn’t Trump Substance

Posted by Starr Austen
in Securities Fraud

One of the things that aggravate many people is that high priced corporate lawyers seem to find legal loopholes in almost any regulation designed to protect the public or investors. Then, they use these loopholes to make it appear they are following the rules, but it is only in form, not in substance. We, as securities fraud attorneys, understand that aggravation. However, a recent case in Delaware, the home of many corporations, appears to be saying enough to to these legal shenanigans, if the recent case of In re Southern Peru Copper Corporation Shareholder Derivative Litigation is any indication. In that case...

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29 May
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Regulations for Distracted Truck Drivers

Posted by Starr Austen
in Securities Fraud

A distracted driver is always dangerous on the road, but that is especially true when the person is driving a large and heavy vehicle, such as an over-the-road truck and trailer. These types of vehicles, because of their large size, are inherently dangerous machines to operate, both for the driver and for those on the road with the vehicle. One of the most common distractions these days for all drivers is talking on a cell phone, or even texting while driving. Statistics show that distracted driving can cause injuries, and even fatalities, either for the person distracted, or for someone else...

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25 May
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Starr Austen & Miller Investigates Facebook IPO And Potential Securities Fraud

Posted by Starr Austen
in Latest News, Securities Fraud

Mario Massillamany  announced today that the firm is investigating the recent Facebook IPO and any possible securities fraud that occurred before, during and/or after the process. Mario Massillamany said “If someone acquired or purchased shares of Facebook common stock (FB) during the Facebook IPO on May 18, 2012, or soon thereafter, we advise they contact a securities fraud attorney to help determine their rights to recovery.” According to the Wall Street Journal, the $16 billion IPO stock’s initial public offering on May 18th was at $38 per share. Before the IPO occurred on May 9th, during the investor roadshow, Facebook filed...

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