Supreme Court’s Key Jurisdictional Question in Manning v. Merrill Lynch Pierce Fenner & Smith Inc.

Matthew TobinCase Studies

Ziliak Law  Associate Matthew Tobin wrote an article for Law360 on the Supreme Court’s key jurisdiction question in Manning. Below is an excerpt; the full article is on Law360’s website, which is behind a paywall.

Law360, New York (September 1, 2015, 10:55 AM ET) — To resolve a long-standing circuit split over the scope of U.S. Securities and Exchange Commission jurisdiction, the U.S. Supreme Court has granted writ of certiorari in Manning v. Merrill Lynch Pierce Fenner & Smith Inc. Merrill contends that federal courts have jurisdiction over the case under Section 27 of the Securities Exchange Act of 1934 (“the Exchange Act”) because Manning’s state-level causes of action allege violations of the SEC’s Regulation SHO.

The circuit courts are divided on whether federal jurisdiction can be grounded in the first [Read More…]

Matthew Tobin

Matthew Tobin

As a former equity and index option broker for PTR Inc., partner and trading analyst at Derivaguard Advisors LLC, trader for Blue Capital Group LLC, and investigator at Chicago Board Options Exchange, Matt Tobin has substantial experience in derivatives trading, financial services regulation and working with brokers and technology vendors to find the most effective manner of reducing risk while capturing profit. Read more...
Matthew Tobin