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Burden of Proof Burden of Persuasion

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - September 26th - 27th, Grapevine, TX

This two-day interactive workshop is for investigators who already know the basic skills and leaders who supervise an organization’s investigations program. Attendees will engage in expert-led discussions on a wide variety of...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - June 3rd - 4th, New Orleans, LA

This two-day interactive workshop is for investigators who already know the basic skills and leaders who supervise an organization’s investigations program. Attendees will engage in expert-led discussions on a wide variety of...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - October 23rd - 24th, San Diego, CA

Are you looking to take your investigative skills to the next level? This new conference is for experienced investigators who already know the basic skills and for leaders who supervise the organization’s investigations...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - June 19th - 20th, Orlando, FL

Are you looking to take your investigative skills to the next level? This new conference is for experienced investigators who already know the basic skills and for leaders who supervise the organization’s investigations...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Conducting Compliance Investigations - October 6th - 7th, 8:55 am - 1:00 pm SGT

Want to become a better investigator? Learn the core principles of conducting effective compliance investigations so that you're prepared next time you are called upon. Receive detailed and valuable information from...more

Goodwin

House Votes to Repeal OCC True Lender Rule

Goodwin on

In This Issue. The House of Representatives voted to pass a Congressional Review Act resolution repealing the Office of the Comptroller of the Currency’s (OCC) “true lender” rule; the Consumer Financial Protection Bureau...more

Goodwin

SCOTUS Vacates Class Certification In Suit Against Goldman Sachs And Clarifies Appropriate Scope Of Price Impact Evidence

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SCOTUS Vacates Class Certification In Suit Against Goldman Sachs And Clarifies Appropriate Scope Of Price Impact Evidence; Stockholders Strike $110 Million Settlement In Suit Alleging Breaches Of Fiduciary Duties By Former...more

Wilson Sonsini Goodrich & Rosati

Supreme Court Provides Guidance on Class Certification in Securities Class Actions in Goldman Sachs Decision

On June 21, 2021, the United States Supreme Court issued its decision in Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System, which provides important guidance for defendants seeking to rebut the presumption of...more

Cadwalader, Wickersham & Taft LLP

Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System: Supreme Court Vacates Class Certification Order in Decade-Long...

On June 21, 2021, the United States Supreme Court issued a decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, vacating a decision of the Second Circuit that affirmed certification of a securities...more

UB Greensfelder LLP

SCOTUS Green Lights Price Impact Evidence for Class Cert in Inflation-Maintenance Case

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A decade of litigation in the Goldman Sachs securities fraud class action has ultimately revealed an unremarkable truth, confirmed by a unanimous U.S. Supreme Court – in a case brought under Rule 10b-5 premised on an...more

Bracewell LLP

Supreme Court's Ruling in Goldman Sachs Leaves Open a Path for Securities Fraud Claims Based on Generic ESG Statements

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In April, we analyzed whether a corporation’s purely generic public statements on environmental, social and governance (“ESG”) issues could form the basis of a subsequent securities fraud action. At the time, we identified a...more

Perkins Coie

Supreme Court: “Generic Nature” of Misstatements in Securities Action May Help Defendants Defeat Class Certification

Perkins Coie on

In a significant decision on securities class actions, the U.S. Supreme Court last week held that the generic nature of alleged misrepresentations will often be “important evidence of a lack of price impact” that can be used...more

Jones Day

U.S. Supreme Court Clarifies the Permissible Evidence and Burdens at Class Certification in Securities-Fraud Cases

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The U.S. Supreme Court held that courts should consider the generic nature of a misrepresentation when assessing price impact in securities-fraud suits and that defendants bear the burden of persuasion to prove a lack of...more

BCLP

U.S. Supreme Court: Courts Must Consider Generic Nature of Statements in Considering Certification of Securities Class Action, but...

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In a closely followed case concerning class certification in securities fraud class actions, the U. S. Supreme Court has held that the generic nature of a company’s statements should be considered in determining whether such...more

King & Spalding

Supreme Court Addresses Presumption of Reliance in Securities Class Actions

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On June 21, 2021, the Supreme Court issued its highly anticipated decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, No. 20-222. Goldman concerned the standards to be applied by courts when...more

Goodwin

The Supreme Court Provides Guidance on the Standard for Deciding Price Impact at Class Certification in Securities Fraud Cases

Goodwin on

In Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, the U.S. Supreme Court answered two important questions regarding the standards that govern class certification in securities fraud actions, affirming the...more

Troutman Pepper

US Supreme Court Reverses Class Certification in 10b-5 Action

Troutman Pepper on

On June 21, the U.S. Supreme Court issued a decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, a closely watched case involving the standards for class certification in securities class actions....more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Rules That All Relevant Evidence of Price Impact Matters at Class Certification Stage

On June 21, the U.S. Supreme Court issued its long-awaited decision in Goldman Sachs Group, Inc. et al. v. Arkansas Teacher Retirement System et al. The Court held that in ruling on class certification in a securities action,...more

Stinson LLP

Supreme Court Holds Generic Nature of Statements Must Be Considered With Class Certification

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On June 21, 2021, the Supreme Court issued its decision in Goldman Sachs Group, Inc., et al. v. Arkansas Teacher Retirement System, et al. The case analyzes what the defendants considered were generic statements that did not...more

McGuireWoods LLP

A New Avenue for Defendants in Securities Fraud Class Actions: Supreme Court Holds “Generic” Nature of Statements Is “Important...

McGuireWoods LLP on

Monday, the Supreme Court issued its highly anticipated ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, holding that the generic nature of an alleged misrepresentation may be important evidence of...more

Alston & Bird

Supreme Court Vacates Class Certification in Goldman Suit

Alston & Bird on

Our Securities Litigation Group examines this week’s U.S. Supreme Court decision to vacate a shareholder class action against Goldman Sachs and send it back to a lower court for a closer look at whether alleged misstatements...more

Dorsey & Whitney LLP

Not so Fast in Certifying Class: Supreme Court Holds That Courts Must Consider Generality of Alleged Misstatements in Deciding...

Dorsey & Whitney LLP on

Yesterday, the Supreme Court issued its much-anticipated decision in Goldman Sachs v. Arkansas Teacher Retirement System, Case No. 20-222. But because there was not much “daylight” left between the parties’ arguments by the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Clarifies Basic Presumption Burden and Holds Courts Should Consider All Price Impact Evidence

On June 21, 2021, the U.S. Supreme Court held in Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System, No. 20-222 (2021), that courts may consider at the class certification stage the generic nature of alleged...more

Mayer Brown Free Writings + Perspectives

Supreme Court clarifies that in securities-fraud class actions, courts should consider whether the alleged misrepresentation was...

Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, No. 20-222 - Today, the Supreme Court held that in a securities-fraud class action, the district court should consider whether the alleged misrepresentation...more

Stinson - Corporate & Securities Law Blog

Supreme Court Holds Generic Nature of Statements Must Be Considered When Granting Class Certification in Securities Litigation

The Supreme Court issued its decision in Goldman Sachs Group, Inc., et al. v. Arkansas Teacher Retirement System, et al. The case analyzes what the Defendants considered were generic statements that did not have a price...more

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