John Coates, Acting Director of the Division of Corporation Finance at the U.S. Securities and Exchange Commission (SEC), issued a public statement providing insight into the SEC’s views on the application of federal...more
4/12/2021
/ D&O Insurance ,
Due Diligence ,
Financial Adviser ,
Initial Public Offering (IPO) ,
New Guidance ,
Privately Held Corporations ,
PSLRA ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Special Purpose Acquisition Companies (SPACs)
On December 22, 2020, in litigation between WeWork and the Softbank Group, the Delaware Court of Chancery determined that the Softbank Group must hand over several dozen otherwise privileged emails because two SoftBank...more
In a first-of-its-kind ruling in California that came down on September 1, 2020, San Mateo County Superior Court Judge Marie Weiner declined jurisdiction over securities claims against Restoration Robotics by holding that the...more
The Delaware Court of Chancery ruled today that Delaware corporations do not have the power to use charter or bylaw provisions to require that claims under the Securities Act of 1933 (1933 Act) be litigated in federal court....more
The U.S. Supreme Court has ruled that class action plaintiffs can bring claims under the Securities Act of 1933 in either state or federal court. ...more
4/5/2018
/ Class Action ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Jurisdiction ,
PSLRA ,
Removal ,
SCOTUS ,
Securities Act of 1933 ,
Securities Litigation ,
Securities Violations ,
SLUSA ,
State Law Claims
A new decision makes clear that parties should no longer expect the Delaware Court of Chancery to approve broad settlements of M&A class actions based on supplemental proxy disclosures. Chancellor Andre Bouchard issued a...more
A recent Delaware Chancery Court decision dismissing derivative fiduciary duty claims has significance for public companies with board members who are associated with venture capital firms. ...more
9/8/2015
/ Cybersecurity ,
Data Protection ,
Data Security ,
DE Supreme Court ,
Derivative Suit ,
Fiduciary Duty ,
Financial Adviser ,
Financial Institutions ,
Financial Markets ,
Pensions ,
Popular ,
Publicly-Traded Companies ,
Startups ,
Stocks ,
Venture Capital
In a highly anticipated decision issued June 23, 2014, the Supreme Court in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (June 23, 2014), declined an invitation to overrule the “fraud-on-the-market” presumption — a...more
Over the past several months, plaintiffs' lawyers have stepped up attacks on executive compensation disclosures in proxy statements. Although to date most of these attacks have been unsuccessful, the number of case filings is...more