This quarter’s issue includes summaries and associated court opinions of selected cases decided in August and September 2021.
Appraisal Rights - Delaware Supreme Court Enforces Sophisticated Investors’ Waiver of Appraisal...more
12/3/2021
/ Appraisal Rights ,
Arkansas Teacher Retirement System v Goldman Sachs Group ,
Board of Directors ,
Caremark claim ,
Cryptocurrency ,
DE Supreme Court ,
Delaware General Corporation Law ,
Demand Futility ,
Derivative Suit ,
Federal Rule 12(b)(6) ,
FRCP 23(b) ,
FRCP 9(b) ,
Initial Coin Offering (ICOs) ,
PSLRA ,
RICO ,
Rule 10b-5 ,
Securities Exchange Act ,
Shareholder Litigation ,
Sherman Act ,
Statute of Limitations ,
Statute of Repose
This quarter’s issue of Inside the Courts — An Update From Skadden Securities Litigators includes summaries and associated court opinions of selected cases principally decided in May-August 2021....more
10/22/2021
/ Breach of Duty ,
Corporate Counsel ,
Derivative Suit ,
Enforcement Actions ,
Fiduciary Duty ,
Initial Public Offering (IPO) ,
Loss Causation ,
Mergers ,
Pleading Standards ,
PSLRA ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
SLUSA ,
Statute of Limitations ,
Statute of Repose
This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2018 and May 2018.
...more
7/3/2018
/ China Agritech Inc v Resh ,
Chipotle Grill ,
Class Action ,
Class Certification ,
Class Members ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Derivative Suit ,
Deutsche Bank ,
Equitable Tolling ,
Etsy ,
Fiduciary Duty ,
Fraudulent Inducement ,
FRCP 23 ,
Loss Causation ,
Materiality ,
Misrepresentation ,
Omissions ,
Pleading Standards ,
Price-Fixing ,
Proxy Solicitations ,
Putative Class Actions ,
Reversal ,
Scienter ,
SCOTUS ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Shareholder Litigation ,
SLUSA ,
SolarCity ,
State Law Claims ,
Statute of Limitations ,
Subsequent Litigation ,
TD Ameritrade ,
Tesla
In China Agritech v. Resh, No. 17-432 (June 11, 2018), the U.S. Supreme Court held yesterday that a pending class action does not toll the statute of limitations for absent class members who bring a subsequent class action....more
6/12/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Corporate Counsel ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
As expected, securities class action filings reached a high-water mark in 2017. In fact, last year’s total of 400-plus filings was the second-highest on record, topped only by 2001, when the number was skewed by more than 300...more
1/29/2018
/ CalPERS v ANZ Securities ,
Class Action ,
Equitable Tolling ,
Extraterritoriality Rules ,
Initial Public Offering (IPO) ,
International Litigation ,
Life Sciences ,
Mergers ,
Petrobras ,
PSLRA ,
Securities Fraud ,
Securities Litigation ,
Statute of Limitations ,
Statute of Repose ,
Technology Sector ,
Trulia
Plaintiffs filed 300 securities class actions in 2016 — a mark much higher than the annual average of 221 from 2011 to 2015 (as reported by NERA Economic Consulting). Indeed, the number of filings in 2016 was the...more
2/1/2017
/ Burden of Proof ,
CalPERS v ANZ Securities ,
Class Action ,
Class Certification ,
Foreign Issuers ,
Fraud-on-the-Market ,
Initial Public Offering (IPO) ,
PSLRA ,
SCOTUS ,
Securities Act of 1933 ,
Securities Fraud ,
Securities Litigation ,
Statute of Limitations ,
Statute of Repose ,
Stock Drop Litigation ,
Tolling ,
Trump Administration
We are pleased to present Inside the Courts (Volume 7, Issue 4), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more
11/19/2015
/ Auction ,
Breach of Duty ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fraud-on-the-Market ,
Market Manipulation ,
Misrepresentation ,
Pleading Standards ,
Scienter ,
Securities Fraud ,
Securities Litigation ,
Standing ,
Statute of Limitations ,
Statute of Repose ,
Venue ,
Whistleblower Protection Policies
This issue of Inside the Courts, Skadden’s securities litigation newsletter, includes summaries and associated court opinions of selected cases principally decided between May 2015 and August 2015. The cases address...more
10/8/2015
/ Appraisal Rights ,
Class Action ,
Class Certification ,
Controlling Stockholders ,
Demand Futility ,
Derivative Suit ,
Disclosure Requirements ,
Dismissals ,
False Statements ,
Fraud-on-the-Market ,
Insider Trading ,
Janus Capital Group ,
Loss Causation ,
Offering Documents ,
Oil & Gas ,
Pleading Standards ,
PLSRA ,
Rebuttable Presumptions ,
Rule 10b-5 ,
Safe Harbors ,
Scienter ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
SLUSA ,
Statute of Limitations
In This Issue:
- U.S. Supreme Court:
..Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund, 135 S. Ct. 1318 (4th Cir. Mar. 16, 2015)
- Auditor Liability:
..In re Advanced Battery Techs.,...more
6/2/2015
/ Auditors ,
Books & Records ,
CAFA ,
Class Action ,
Class Certification ,
Derivative Suit ,
Fiduciary Duty ,
Justifiable Reliance ,
Misrepresentation ,
Omissions ,
Pleading Standards ,
Scienter ,
SCOTUS ,
Securities Fraud ,
Settlement ,
Statute of Limitations ,
Statute of Repose ,
Whistleblowers
This morning, the Supreme Court granted the writ of certiorari in Public Employees Retirement System of Mississippi v. IndyMacMBS, Inc. The petition raises an issue regarding the application of American Pipe tolling to claims...more
For those of you who were able to attend our annual Securities Litigation and Enforcement Seminar on December 6, you may recall that one expected development in 2014 would be a decision on whether the New York statute of...more
Gabelli v. Sec. & Exch. Comm'n, No. 11-1274 (U.S. Feb. 27, 2013) -
In a unanimous opinion authored by Chief Justice Roberts, the U.S. Supreme Court today held that the five-year limitations period that governs SEC...more