Second Circuit Affirms Dismissal of UBS Securities Case
05.06.14
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On May 6, 2014, the Second Circuit affirmed the Southern District of New York’s decision granting a motion to dismiss federal securities fraud claims in In re UBS AG Securities Litigation. The Firm represents underwriters of UBS securities named in the case.
The suit alleged, among other things, that during the putative class period the defendants violated the securities laws by issuing fraudulent statements in connection with a UBS AG offering in 2008. Of note, as a matter of first impression, the Second Circuit held that Morrison v. National Australia Bank Ltd. precluded Exchange Act claims arising out of foreign‐issued securities purchased on foreign exchanges, but cross‐listed on a domestic exchange.
The Simpson Thacher attorneys representing the underwriter defendants on the matter are Barry Ostrager, Jonathan Youngwood, Craig Waldman and Liz Gudis.