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Judge Jones Dismisses Proposed JP Morgan Class Action Alleging Failure to Sell Lehman Notes

By Charles Michael on April 20, 2012
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In a decision issued today, Judge Jones dismissed a proposed class action that challenged JP Morgan’s decision to hold onto certain notes from Lehman Brothers as the firm was collapsing:

Armed with merely conclusory allegations, Plaintiff asks the Court to speculate about how JPMC should have acted based on news articles selected after the fact and references to financial modeling reflected a supposed “market consensus” that Lehman was headed  or default. However, the fiduciary duty to act prudently under the circumstances at time of decision precludes any judgment of a fiduciary’s actions “from the vantage point of hindsight.” Chao v. Merino, 452 F.3d 174,182 (2d Cir. 2006) (citation omitted).  And, even if references to articles and basic financial modeling were sufficient to make it “theoretically conceivable” that JPMC should have known Lehman’s weakening financial condition, such speculation is not enough to defeat a motion to dismiss.

JP Morgan was represented by Paul Weiss.

Photo of Charles Michael Charles Michael

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority…

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), and the Department of Justice (DOJ).

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    SDNY Blog
  • Organization:
    Steptoe LLP
  • Article: View Original Source

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