On June 23, the U.S. Department of Justice announced that Terren Scott Peizer, founder of Ontrak Inc., a Miami-based publicly traded health care company, has been sentenced to three and one half years in prison by a...more
6/30/2025
/ 10b5-1 Plans ,
Appeals ,
Corporate Crimes ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Insider Trading ,
Penalties ,
Securities Fraud ,
Securities Regulation ,
Securities Transactions
On June 6, the U.S. Supreme Court denied the petition for certiorari in the case of Navellier & Associates, Inc. v. Securities and Exchange Commission (SEC). This decision effectively upholds the lower courts’ rulings,...more
6/12/2025
/ Appeals ,
Denial of Certiorari ,
Disgorgement ,
Enforcement Actions ,
Investment ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investors ,
Materiality ,
Petition for Writ of Certiorari ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation
In the recent Supreme Court case, Navellier & Associates, Inc. v. Securities and Exchange Commission (SEC), the petitioners sought a writ of certiorari challenging the decisions of the lower courts regarding the scope of...more
5/16/2025
/ Appeals ,
Disgorgement ,
Fiduciary Duty ,
Financial Services Industry ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Materiality ,
Petition for Writ of Certiorari ,
Registered Investment Advisors ,
Regulatory Violations ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation
On June 27, the U.S. Supreme Court released a 6-3 decision in SEC v. Jarkesy, et al., ending the Securities and Exchange Commission’s (SEC) long-standing use of in-house administrative law judge (ALJ) tribunals in cases where...more
On June 17, the U.S. Supreme Court granted certiorari in Nvidia Corp. v. E. Ohman J:or Fonder AB, agreeing to hear Nvidia’s appeal of a Ninth Circuit ruling that revived shareholders’ fraud claims regarding Nvidia’s...more
6/19/2024
/ Bitcoin Mining ,
Certiorari ,
Cryptocurrency ,
NVIDIA ,
Nvidia Corp v E Ohman J or Fonder AB ,
Petition for Writ of Certiorari ,
PSLRA ,
SCOTUS ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation
On April 12, in a long-awaited and pivotal decision, the U.S. Supreme Court unanimously ruled that private plaintiffs may not plead a federal securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934...more
On October 4, U.S. Attorney for the Central District of California Martin Estrada announced the formation of a new task force, the Corporate and Securities Fraud Strike Force....more
10/13/2023
/ Bank Secrecy Act ,
California ,
Financial Markets ,
Financial Services Industry ,
Insider Trading ,
Money Laundering ,
Securities Fraud ,
Securities Regulation ,
Securities Transactions ,
Securities Violations ,
State and Local Government ,
Tax Evasion ,
Trading Platforms
Many publicly reporting companies often respond to lawsuits by characterizing them as “without merit” in their securities filings. If the company does not prevail in such litigation, can it still be held responsible for...more
8/17/2023
/ Class Action ,
Misappropriation ,
Misleading Statements ,
Publicly-Traded Companies ,
Scienter ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Securities Violations ,
Smaller Reporting Companies ,
Trademarks
On September 21, the Securities and Exchange Commission (SEC) announced charges against Cheetah Mobile, Inc.’s CEO and former president for insider trading, even though the questionable trades occurred under a 10b5-1 trading...more
On January 28, the Securities and Exchange Commission (SEC or Commission) issued a press release, announcing the settlement of various fraud charges against a private technology company in light of their “significant remedial...more
The Securities & Exchange Commission (SEC) is experimenting with a new theory of liability that potentially expands the bounds of the insider trading laws. Specifically, the SEC is requesting that a California court deem the...more
A remote status conference was held June 28 for United States v. Mark Schena, currently pending in the U.S. District Court for the Northern District of California. In the recently unsealed superseding indictment, the SEC...more
On Aug. 13, a panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in a securities fraud class action, Khoja v. Orexigen Therapeutics, No. 16-56069 2018 U.S. App. LEXIS 22371 (9th Cir. Aug. 13, 2018),...more
9/6/2018
/ Appeals ,
Class Action ,
Federal Rule 12(b)(6) ,
Form 10-Q ,
Form 8-K ,
Incorporation by Reference ,
Motion to Dismiss ,
Pharmaceutical Industry ,
Pleading Standards ,
PSLRA ,
Reversal ,
Securities Fraud ,
Securities Litigation
On June 25, 2014, the U.S. Supreme Court decided Halliburton Co. v. Erica P. John Fund, No. 13-317, __ U.S. __ (2014), slip op. (U.S. June 23, 2014) (Halliburton II), holding that defendants in a class action securities...more