Delaware Court of Chancery Declines to Dismiss Investment Firm from Stockholder Derivative Suit; Delaware Chancery Court Dismisses Majority of Claims Alleging that California Biotech Firm Profited from Nonpublic Information...more
12/23/2021
/ Aiding and Abetting ,
Bad Faith ,
Biotechnology ,
Board of Directors ,
Breach of Duty ,
Class Action ,
Conflicts of Interest ,
Coronavirus/COVID-19 ,
Derivative Suit ,
Dismissals ,
False Statements ,
Fiduciary Duty ,
Investment Firms ,
Investors ,
Misleading Statements ,
Motion to Dismiss ,
Non-Public Information ,
Proxy Statements ,
Publicly-Traded Companies ,
Scienter ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Violations ,
Shareholders ,
Stock Prices ,
Unjust Enrichment ,
Vaccinations
Delaware Court of Chancery Finds that Director’s Email on Outside Email System Remains Confidential; Delaware Supreme Court Overrules Longstanding Precedent Regarding Derivative Versus Direct Standing; SEC Files Crowdfunding...more
10/8/2021
/ Anti-Fraud Provisions ,
Attorney-Client Privilege ,
Board of Directors ,
Cannabis-Related Businesses (CRBs) ,
Class Action ,
Crowdfunding ,
DE Supreme Court ,
Demand Futility ,
Derivative Suit ,
Dilution ,
Dismissals ,
Email ,
Enforcement Actions ,
Facebook ,
Failure To Disclose ,
FDA Approval ,
Investors ,
Mark Zuckerberg ,
Minority Shareholders ,
Misleading Statements ,
Omissions ,
Putative Class Actions ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Unregistered Securities
SEC Settles First-Of-Its-Kind $13m DeFi Tech Action; NASDAQ Board Diversity Rules Challenged in Fifth Circuit; Delaware Court of Chancery Declines to Enforce Contractual Limitations on Liability to Bar Contractual Fraud...more
8/26/2021
/ Aiding and Abetting ,
Blockchain ,
Board of Directors ,
Civil Conspiracy ,
Constitutional Challenges ,
Contract Disputes ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Diversity ,
Enforcement Actions ,
Fifth Amendment ,
Fraudulent Inducement ,
Investment Companies ,
Investors ,
Misrepresentation ,
Nasdaq ,
Petition for Review ,
Popular ,
Publicly-Traded Companies ,
Purchase Agreement ,
Representations and Warranties ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Violations ,
Settlement ,
Smart Contracts ,
Token Sales ,
Unjust Enrichment ,
Unregistered Securities
SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court; Delaware Court of Chancery Dismisses Stockholder Suit Against FedEx for Failure to Make Pre-Litigation...more
7/29/2021
/ Appeals ,
Automatic Stay ,
Board of Directors ,
Breach of Duty ,
Certiorari ,
Class Certification ,
Coronavirus/COVID-19 ,
DE Supreme Court ,
Derivative Suit ,
Discovery ,
Dismissal With Prejudice ,
Federal Rules of Civil Procedure ,
Fiduciary Duty ,
Investors ,
Misleading Statements ,
Misrepresentation ,
Motion to Dismiss ,
Popular ,
Private Securities Litigation Reform Act of 1995 ,
PSLRA ,
Remand ,
Reversal ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Standard of Review ,
State Courts ,
Stock Prices ,
Vacated
Former Theranos CEO Denied Attorney-Client Privilege Over Communications with Company Attorneys; District of Massachusetts Allows Putative Securities Class Action to Proceed Against OvaScience Investors; Delaware Chancery...more
6/16/2021
/ Attorney-Client Privilege ,
Board of Directors ,
Breach of Duty ,
Client Representation ,
Coronavirus/COVID-19 ,
Corporate Officers ,
Derivative Suit ,
Dismissals ,
Engagement Letters ,
Fiduciary Duty ,
Health and Safety ,
Initial Public Offering (IPO) ,
Insider Trading ,
Investors ,
Public Statements ,
Putative Class Actions ,
Securities Litigation ,
Securities Violations ,
Shareholders ,
Standing ,
Unjust Enrichment
A Win for Deal Certainty, Delaware Court of Chancery Orders Closing of Cake Supplier Acquisition; Under Armour to Pay $9M to Settle SEC Charges Involving Disclosure Failures; First Circuit Upholds Decision Applying Federal...more
5/19/2021
/ Acquisitions ,
Board of Directors ,
Breach of Duty ,
Business Judgment Rule ,
Buyers ,
Buyouts ,
Cease and Desist ,
Civil Monetary Penalty ,
Controlling Stockholders ,
Debt Financing ,
Dismissals ,
Failure To Disclose ,
Fiduciary Duty ,
Foreign Investment ,
Going-Private Transactions ,
Investors ,
Minority Shareholders ,
Motion to Dismiss ,
Partial Summary Judgments ,
Publicly-Traded Companies ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Regulation ,
Securities Violations ,
Sellers ,
Settlement Agreements ,
Solicitation
Federal Judge Dismisses Facebook Investor Class Action Based on Board Diversity, Virginia Federal Judge Denies Motion to Dismiss Claims that Altria Knew JUUL Was Marketing to Underage Consumers, SEC Brings Claims Against AT&T...more
3/24/2021
/ Advertising to Minors ,
AT&T ,
Board of Directors ,
Class Action ,
Dismissals ,
Diversity ,
Facebook ,
Fiduciary Duty ,
Investors ,
Motion to Dismiss ,
Putative Class Actions ,
Regulation FD ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
SLUSA