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

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

Not So Fast! Ninth Circuit Clarifies the Role of Materiality in Triggering SLUSA’s Class Action Bar

In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties...more

Legal or Not, it's Working: Mandatory Board Diversity for Publicly-held Companies Headquartered in the Golden State

Pamela Palmer, James Levine, Howard Privette and Samantha Burdick of Troutman Pepper Hamilton Sanders LLP discuss California’s newly enacted board diversity law and the legal challenges it faces. Originally published in...more

First Diversity-Driven Derivative Suit in Facebook Case Tossed by Northern District of California

As Troutman Pepper recently reported, the second half of 2020 brought a new wave of board diversity derivative litigation. These shareholder suits claimed boards of directors of public companies allegedly breached their...more

Northern District of California Delineates When Affirmative Statements Can Create a Duty to Disclose

In a decision likely to cause some consternation for companies defending against federal securities claims, the U.S. District Court for the Northern District of California issued an unpublished decision on March 22,...more

3/31/2021  /  GAAP , Oracle , PSLRA , Securities Exchange Act

Board Diversity Podcast [Audio]

With a hot national spotlight on issues of racial diversity, equality, and inclusion, the composition of corporate boards of directors faces increased scrutiny from the American public, legislators, and the plaintiffs’ bar....more

A New Wave of Board Diversity Derivative Litigation

With a hot national spotlight on issues of racial diversity, equality, and inclusion, the composition of corporate boards of directors is facing increased scrutiny from the American public, legislators and the plaintiffs’...more

Director Fiduciary Duties: Navigating Insolvency Risk in Newly (COVID-19) Distressed Companies

As COVID-19 related economic disruptions place unprecedented stress on cash flows, the risk of insolvency is a new and growing concern for many businesses. ...more

Ninth Circuit Affirms Important Distinction Between Settlement and Litigation Classes

An en banc Ninth Circuit recently reinstated a nationwide class settlement that resolved consumer claims related to several of Hyundai’s and Kia’s advertised fuel economy standards. Joining several other circuits, the court...more

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