On June 30, 2025, the Supreme Court granted certiorari in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., agreeing to resolve a circuit split over whether private parties have an implied right of action to...more
7/15/2025
/ Board of Directors ,
Certiorari ,
Closed-End Funds ,
Corporate Governance ,
Investment Companies ,
Investment Company Act of 1940 ,
Investment Funds ,
Mutual Funds ,
Private Right of Action ,
Registered Investment Companies (RICs) ,
SCOTUS ,
Securities Litigation ,
Securities Regulation ,
Shareholder Activism ,
Shareholder Litigation ,
Split of Authority
In England and the United States, legal professional privilege or attorney-client privilege is considered fundamental to the administration of justice, allowing clients to make confidential, full, and frank disclosure to...more
7/14/2025
/ Attorney-Client Privilege ,
Business Litigation ,
Corporate Governance ,
Delaware ,
Discovery ,
England ,
Litigation Strategies ,
Shareholder Litigation ,
Shareholder Rights ,
Shareholders ,
United States
On May 5, 2023, the U.S. Securities & Exchange Commission filed its first enforcement complaint under Rule 22e-4 of the Investment Company Act of 1940, 17 C.F.R. § 270.22e-4 (the Liquidity Rule). The complaint was brought...more
5/11/2023
/ Enforcement Actions ,
Investment Adviser ,
Investment Company Act of 1940 ,
Investment Funds ,
Liquidity ,
Liquidity Risk Management Rule ,
Open-Ended Fund Companies (OFCs) ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Violations
Delaware Chancery Court Dismisses Cigna Derivative Suit Over Failed Anthem Merger; The PCAOB Sanctions Former KPMG Vice Chair Of Audit For Failure To Supervise Senior Members Of KPMG's Audit Practice; Ninth Circuit Affirms...more
4/21/2022
/ Anthem Insurance ,
Board of Directors ,
Breach of Contract ,
Breach of Duty ,
CEOs ,
CIGNA ,
Civil Monetary Penalty ,
Class Action ,
Coronavirus/COVID-19 ,
Derivative Suit ,
Disgorgement ,
Dismissals ,
False Statements ,
Fiduciary Duty ,
KPMG ,
Material Misstatements ,
Mergers ,
Misleading Statements ,
Omissions ,
PCAOB ,
Publicly-Traded Companies ,
Putative Class Actions ,
Sanctions ,
Sarbanes-Oxley ,
Scienter ,
Securities Exchange Act of 1934 ,
Securities Litigation ,
Securities Transactions ,
Securities Violations ,
Shareholders ,
Short-Swing Trading
Private funds can draw lessons about how to prioritize their compliance efforts and practices in response to a series of warnings by newly-appointed federal regulators of increased scrutiny, regulation, and enforcement...more
4/8/2022
/ Conflicts of Interest ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
False Statements ,
Form PF ,
Government Investigations ,
Hedge Funds ,
Misleading Statements ,
Private Equity Funds ,
Private Funds ,
Proposed Amendments ,
Proposed Rules ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Valuation ,
Venture Capital
SEC Proposes Rule Amendments Requiring Climate-Related Disclosures; Southern District of New York Dismisses Securities Fraud Claims Against U.S. Stock Exchanges for Lack of Standing; Southern District of New York Dismisses...more
4/6/2022
/ Article III ,
Climate Change ,
Comment Period ,
Disclosure Requirements ,
Dismissals ,
Environmental Social & Governance (ESG) ,
Investors ,
Proposed Rules ,
Public Comment ,
Putative Class Actions ,
Sarbanes-Oxley ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Standing ,
Stock Exchange
Northern District of Illinois Grants Motion for Partial Reconsideration of Summary Judgment Decision Regarding Whether Former Walgreens CFO’s Statements Were Actionable; Securities Fraud Claims Against Chicken Producer for...more
3/23/2022
/ Antitrust Violations ,
Bid Rigging ,
Bristol-Myers Squibb ,
CEOs ,
CFOs ,
Class Action ,
Clinical Trials ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dismissal With Prejudice ,
Dismissals ,
False Statements ,
Guilty Pleas ,
Investors ,
Misleading Statements ,
Partial Summary Judgments ,
Pharmaceutical Industry ,
Price-Fixing ,
Private Securities Litigation Reform Act of 1995 ,
PSLRA ,
Public Statements ,
Safe Harbors ,
Scienter ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Share Price ,
Stock Drop Litigation ,
Walgreens
IN THIS ISSUE -
Eleventh Circuit Overturns Dismissal of Cryptocurrency Ponzi Scheme Class Action Suit; Federal Court of Appeals Dismisses Leading Fannie Mae and Freddie Mac Shareholder Lawsuits; NY Seeks Blockchain...more
3/9/2022
/ Appeals ,
Attorney's Fees ,
Banking Sector ,
Blockchain ,
Breach of Duty ,
Cannabis-Related Businesses (CRBs) ,
Civil Conspiracy ,
Class Action ,
Cryptocurrency ,
Department of Financial Services ,
Derivative Suit ,
Dismissals ,
Economic Sanctions ,
Enforcement Actions ,
Fannie Mae ,
Fiduciary Duty ,
Financial Services Industry ,
Freddie Mac ,
Investors ,
Mergers ,
Mootness Fee Applications ,
Ponzi Scheme ,
Popular ,
Reversal ,
Russia ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Shareholder Litigation ,
Shareholders ,
Supplemental Disclosures ,
Tortious Interference ,
Virtual Currency
Within the last two weeks, a group of plaintiffs’ attorneys have filed derivative lawsuits in U.S. federal court in New York against three separate special purpose acquisition companies (“SPACs”) — Pershing Square Tontine...more
On March 18, 2020, the Delaware Supreme Court issued a decision in Salzberg, et al. v. Sciabacucchi, No. 346, 2019 (Del. Sup. Ct. Mar. 18, 2020), upholding the validity of charter provisions or bylaws that require claims...more
In the closely watched case Cyan, Inc. v. Beaver County Employee Retirement Fund, the U.S. Supreme Court has decided that the Securities Litigation Uniform Standards Act of 1998 did not eliminate concurrent state court...more