A month ago, the U.S. Supreme Court seemed on the verge of deciding two securities law cases that could substantially limit plaintiffs’ ability to maintain securities fraud class actions against public companies. Now, the...more
12/17/2024
/ Appeals ,
Class Action ,
Dismissals ,
Facebook ,
Facebook Inc v Amalgamated Bank ,
NVIDIA ,
Nvidia Corp v E Ohman J or Fonder AB ,
Petition for Writ of Certiorari ,
Publicly-Traded Companies ,
SCOTUS ,
Securities ,
Securities Fraud
After hearing argument earlier this month in a widely followed securities law case concerning risk-factor disclosures of public companies, the U.S. Supreme Court last week decided it should not have agreed to hear the case...more
11/27/2024
/ Class Action ,
Corporate Counsel ,
Corporate Governance ,
Data Breach ,
Disclosure Requirements ,
Dismissals ,
Enforcement Actions ,
Facebook ,
Petition for Writ of Certiorari ,
Risk Factors ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
When corporate executives discuss important company news in SEC filings or on stock-analyst conference calls, they know their words will be scrutinized by listeners and the broader market. Misstatements could give rise to...more
10/9/2023
/ Annual Reports ,
Class Action ,
Class Certification ,
Conflicts of Interest ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Form 10-K ,
Goldman Sachs ,
Material Misstatements ,
Materiality ,
Securities Litigation ,
Stock Prices
Amidst all the controversy and legal proceedings involving Elon Musk, one could overlook the fact that he and his company Tesla are on trial now in U.S. District Court for securities fraud. Yet they are: a jury has been...more
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
6/28/2021
/ Arkansas Teacher Retirement System v Goldman Sachs Group ,
Basic v Levinson ,
Burden of Persuasion ,
Burden of Proof ,
Certiorari ,
Class Action ,
Class Certification ,
Conflicts of Interest ,
Goldman Sachs ,
Investors ,
Presumption of Reliance ,
SCOTUS ,
Securities Exchange Act ,
Securities Litigation ,
Shareholders
The Supreme Court yesterday agreed to consider whether the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) precludes state court jurisdiction in actions that solely allege violations under the Securities Act of...more