Highlight the Third Circuit’s adoption of the de novo standard of review in evaluating appeals of derivative litigation demand-futility decisions;
Explore the Sixth Circuit’s recognition of the applicability of the...more
9/4/2024
/ Acquisitions ,
Cryptocurrency ,
DE Supreme Court ,
Derivatives ,
Facebook ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
PSLRA ,
SCOTUS ,
Securities ,
Securities Act of 1933 ,
Securities Exchange Act of 1934
The United States Supreme Court held that pure omissions, standing alone, are not actionable in private civil litigation under Rule 10b-5(b), which makes it unlawful to omit material facts in connection with buying or selling...more
As we close out 2023 and begin the first quarter of 2024, securities and derivative litigation continues to evolve. In this quarterly update, we examine trends in federal securities class action filings, which saw an uptick...more
2/20/2024
/ Banking Sector ,
Biotechnology ,
Class Action ,
Cryptocurrency ,
Derivatives ,
False Statements ,
Infrastructure ,
International Maritime Organization (IMO) ,
Investors ,
Japan ,
Life Sciences ,
Macquarie Infrastructure Corp v Moab Partners LP ,
Philip Morris ,
Private Actors ,
Private Right of Action ,
Regulation S-K ,
Rule 10(b) ,
SCOTUS ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Special Purpose Acquisition Companies (SPACs)
U.S. Supreme Court resolves circuit split created by Ninth Circuit decision which had held that traceability not required in the context of a direct listing.
By requiring traceability, the Supreme Court cabins strict...more
In 2022, there were 197 federal securities class actions filed, which is a slight drop from the 211 filings in 2021, and a significant drop from the over 400 filings in 2017, 2018, and 2019, and over 300 in 2020. There were...more
2/9/2023
/ Blockchain ,
Certiorari ,
Class Action ,
Cryptocurrency ,
Derivatives ,
Environmental Social & Governance (ESG) ,
SCOTUS ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Litigation ,
Settlement ,
Slack ,
Special Purpose Acquisition Companies (SPACs)
In 2022, there were 197 federal securities class actions filed, which is a 6.6% drop from the 211 filings in 2021, and a significant drop from the over 400 filings in 2017, 2018, and 2019, and over 300 in 2020. Despite a...more
2/7/2023
/ Blockchain ,
Certiorari ,
Class Action ,
Cryptocurrency ,
Derivatives ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Litigation Strategies ,
SCOTUS ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Special Purpose Acquisition Companies (SPACs)
Key Takeaways - The Supreme Court clarified its prior securities class-action decisions in Basic v. Levinson (“Basic”), Erica P. John Fund, Inc. v. Halliburton Co. (“Halliburton II”), and Amgen Inc v. Connecticut Retirement...more
Striking a blow to employees who send communications at the behest of others, the Supreme Court held yesterday that those who “disseminate” false statements with the intent to defraud—even if they did not draft those...more
3/30/2019
/ Appeals ,
Corporate Officers ,
Directors ,
Enforcement Actions ,
False Statements ,
Fines ,
Intent to Defraud ,
Investment Banks ,
Lorenzo v SEC ,
Material Dissemination ,
Misleading Statements ,
Publicly-Traded Companies ,
Reaffirmation ,
Rule 10b-5 ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Suspensions
As securities markets become increasingly interconnected, multi- national public corporations continue to be a part of a significant sea change in the globalization of securities fraud litigation—a change that began with the...more
11/22/2017
/ Australia ,
Banks ,
Canada ,
Class Action ,
Collective Actions ,
Cross-Border Transactions ,
Extraterritoriality Rules ,
Foreign Issuers ,
Forum Shopping ,
Global Marketplace ,
India ,
International Litigation ,
Italy ,
Japan ,
Jurisdiction ,
Litigation Funding ,
Morrison v National Australia Bank ,
SCOTUS ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Litigation ,
Spain ,
Third-Party Relationships
Officers, directors, and underwriters frequently become targets of securities fraud litigation after a public offering. In a landmark case decided yesterday, the U.S. Supreme Court provides defendants with another tool to...more
6/28/2017
/ Board of Directors ,
CalPERS v ANZ Securities ,
Class Action ,
Corporate Officers ,
Equitable Tolling ,
Opt-Outs ,
Pension Funds ,
Public Offerings ,
SCOTUS ,
Section 11 ,
Section 13 ,
Securities Act ,
Securities Act of 1933 ,
Securities Fraud ,
Securities Litigation ,
Statute of Limitations ,
Statute of Repose ,
Underwriting
In a decision that has important implications for both plaintiffs and defendants in securities class actions, the Supreme Court of the United States in Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II), No. 13-317...more
In Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, 568 U.S. ___ (2013), decided on February 27, 2013, the Supreme Court of the United States affirmed the Ninth Circuit’s ruling that, in a case...more