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The Impact of Assured Guaranty on Claims Against Sponsors

In <i>Assured Guaranty Ltd v. J.P. Morgan Investment Management Inc.</i>, a unanimous Court of Appeals held that the Martin Act, New York's "blue sky" law, does not pre-empt common law claims for breach of fiduciary and gross negligence.

6 minute read January 31, 2012 at 02:31 PM
By
Stewart E. Sterk
The Impact of Assured Guaranty on Claims Against Sponsors

In Assured Guaranty Ltd v. J.P. Morgan Investment Management Inc., 2011 NY LEXIS 3658 (decided Dec. 11, 2011), a unanimous Court of Appeals held that the Martin Act, New York's “blue sky” law, does not pre-empt common law claims for breach of fiduciary and gross negligence.

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