Toshiba Corporation v. Automotive Industries Pension Trust Fund, et al.

Court:

U.S. Supreme Court (petition for writ of cert.)

Amicus Issue:

Whether a foreign issuer with no presence in U.S. securities markets is nevertheless subject to securities fraud claims under the Exchange Act if an unrelated party brings the issuer’s securities into the United States and trades in those securities — or even in a security derived from the foreign issuer’s securities.

Counsel of Record:

Cleary Gottlieb Steen & Hamilton LLP

Lewis J. Liman

Jared Gerber

Lina Bensman

Pekham Pal

Other Amici:

Competitive Enterprise Institute