SIFMA has submitted an Amicus “Friend of the Court” Brief

Court:

Supreme Court of the State of New York, Appellate Division, Second Department
Amicus Issue:

Whether the adverse interest exception to the in pari delicto defense is satisfied for pleading purposes simply by alleging that the plaintiff’s officers/directors acted solely for the purpose of enriching themselves, thereby negating a third party’s ability to rely on the in pari delicto defense at the motion to dismiss stage.

Counsel of Record:

Wilmer Cutler Pickering Hale and Dorr LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20007

Lori A. Martin
Philip D. Anker
Alyshea Austern