Jenness Parker on Securities Litigation

Inside the Courts – May 2025

Key Points - - The SEC’s Crypto Task Force acknowledges past hostility toward digital assets and aims to create more sensible regulations. - Tokenized securities face complex regulatory challenges, including compliance...more

Delaware Tells Companies: ‘Let’s Stay Together’

Key Points - - While there have been some vocal critics of Delaware corporations law, few major companies have reincorporated in other states, and Delaware incorporation continues to offer substantial benefits to companies...more

5/14/2025 / Board of Directors , Conflicts of Interest , Controlling Stockholders , Corporate Governance , Delaware , Delaware General Corporation Law , New Amendments , Safe Harbors , Securities Litigation , Shareholder Litigation

Inside the Courts – An Update From Skadden Securities Litigators - February 2025

Key Points - - In 2024, securities litigation remained consistent with historical averages, with a slight increase in core filings and cases related to COVID-19 and artificial intelligence. - The U.S. Supreme Court had an...more

Inside the Courts – An Update From Skadden Securities Litigators - December 2024

Key Points - - During its 2024 term, the U.S. Supreme Court is poised to provide important guidance on the Private Securities Litigation Reform Act’s (PSLRA’s) particularity requirement in NVIDIA Corp. v. E. Ohman J:or...more

What Companies Can Do To Protect Against Cyberattacks … and the Litigation That Often Follows

Cyber threats continue to grow as a result of increased digitization, widespread use of cloud computing, advanced connectivity and artificial intelligence (AI), requiring boards of directors across all sectors to focus more...more

11/22/2024 / Artificial Intelligence , Board of Directors , Corporate Governance , Crisis Management , Cyber Attacks , Cybersecurity , Cybersecurity Framework , Data Privacy , Machine Learning , Privacy Laws , Publicly-Traded Companies , Regulatory Oversight , Regulatory Requirements , Risk Management , Securities and Exchange Commission (SEC) , Securities Litigation , Third-Party

Inside the Courts – An Update From Skadden Securities Litigators - October 2024

Ninth Circuit Affirms Dismissal of Insider Trading Claims Against Satellite Operator Investors Based on Stock Sales After FCC Chairman Vote - In re Silver Lake Grp., LLC Sec. Litig. (9th Cir. July 24, 2024) What to...more

Court of Chancery Issues First Decision Dismissing MultiPlan Claims

On May 31, 2024, the Delaware Court of Chancery issued its first opinion dismissing a “MultiPlan claim” at the pleadings stage. As a reminder, a MultiPlan claim is a breach of fiduciary duty claim against directors,...more

6/10/2024 / Acquisitions , Class Action , Corporate Governance , Corporate Officers , Mergers , Private Equity , Securities and Exchange Commission (SEC) , Securities Litigation , Special Purpose Acquisition Companies (SPACs)

Delaware Court Denies Dismissal of Claims Based on Controller and Financial Advisor Conflicts

On May 31, 2024, the Delaware Court of Chancery issued an important decision addressing several key areas of Delaware law related to merger litigation. The opinion indicates that the court will continue to closely scrutinize...more

6/6/2024 / Acquisitions , Board of Directors , Corporate Governance , Delaware General Corporation Law , Disclosure , Financial Adviser , Mergers , Private Equity , Securities Litigation , Workplace Safety

Inside the Courts – An Update From Skadden Securities Litigators - May 2024

Spotlight - Macquarie Ruling Raises the Bar for Securities Fraud Claims - Key Points - - On April 12, 2024, the U.S. Supreme Court unanimously reversed and vacated the Second Circuit’s decision in Macquarie...more

5/23/2024 / Acquisitions , Commercial Litigation , Cryptocurrency , Entertainment Industry , Financial Institutions , Healthcare , Life Sciences , Macquarie Infrastructure Corp v Moab Partners LP , Media , Mergers , Publicly-Traded Companies , Real Estate Market , Retail Market , SCOTUS , Securities and Exchange Commission (SEC) , Securities Litigation , Securities Regulation

Inside the Courts – An Update From Skadden Securities Litigators - February 2024

Securities Class Actions Show No Signs of Slowing in 2024 - Key Points - While the volume of securities class actions filings has remained consistently elevated over the past several years, the composition of the class...more

3/5/2024 / Class Action , Corporate Governance , Digital Assets , Educational Institutions , Energy Sector , Entertainment Industry , Financial Services Industry , Healthcare , Life Sciences , Macquarie Infrastructure Corp v Moab Partners LP , Media , Publicly-Traded Companies , Retailers , SCOTUS , Securities and Exchange Commission (SEC) , Securities Exchange Act , Securities Litigation , Securities Regulation

Inside the Courts – An Update From Skadden Securities Litigators - December 2023

The U.S. Supreme Court will likely decide before the end of its current term whether the failure to make a disclosure pursuant to Item 303 of Regulation S-K can serve as the basis for a securities fraud claim under Section...more

Inside the Courts – An Update From Skadden Securities Litigators - September 2023

Two Sides of the Same Coin: Analyzing the Recent Ripple and Terraform Decisions - Key Points - - In July 2023, Judges Torres and Rakoff in the Southern District of New York issued rulings on whether digital asset sales...more

9/15/2023 / Acquisitions , Enforcement Actions , Entertainment Industry , Financial Institutions , Healthcare , Life Sciences , Media , Mergers , Securities and Exchange Commission (SEC) , Securities Litigation , Technology Sector

Inside the Courts – An Update From Skadden Securities Litigators - May 2023

Supreme Court Hears Argument on Traceability Requirement in Circuit-Split Slack v. Pirani - Key Points - - Before the end of June, the U.S. Supreme Court is expected to issue a decision in a high-profile securities case...more

Inside the Courts – An Update From Skadden Securities Litigators - March 2023

Circuits Split Over Whether Targeting Is Necessary for Seller Liability - Key Points - - While courts have long held that solicitations must be tailored to a particular audience to precipitate statutory seller liability,...more

Inside the Courts – An Update From Skadden Securities Litigators - December 2022

Cornerstone Research reports that during the first six months of 2022, plaintiffs filed 110 securities class actions, a pace that is generally in line — 2.8% higher — with what we saw in the second half of 2021. Looking...more

12/5/2022 / Class Action , Coronavirus/COVID-19 , Corporate Counsel , Corporate Sales Transactions , Cybersecurity , Enforcement Actions , FinTech , Futures , Healthcare , Initial Public Offering (IPO) , Life Sciences , Popular , Securities and Exchange Commission (SEC) , Securities Fraud , Securities Litigation , Stock Options

‘Mission Critical’ Issues and ‘Red Flags’: What It Means for a Board To Exercise Oversight

Takeaways - Delaware courts have become more willing to allow stockholders to pursue claims that directors breached their duty to oversee risk management and compliance. Directors are most vulnerable to suits where they have...more

9/28/2022 / Board of Directors , Caremark claim , Corporate Counsel , Corporate Governance , Fiduciary Duty , Motion to Dismiss , Oversight Duties , Securities Litigation , Shareholder Litigation

Inside the Courts – An Update From Skadden Securities Litigators - May 2022

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February and April 2022. Cryptocurrency Derivative Litigation Fiduciary Duties – Bylaws Material...more

5/24/2022 / Acquisitions , Coronavirus/COVID-19 , Material Misstatements , Mergers , Pleading Standards , PSLRA , Scienter , Securities and Exchange Commission (SEC) , Securities Exchange Act , Securities Fraud , Securities Litigation

Inside the Courts – An Update From Skadden Securities Litigators - March 2022

Class Certification - Central District of California Denies Class Certification in Securities Fraud Action Concerning Company’s Purchase of ADRs - Stoyas v. Toshiba Corp., No. 2:15-cv-04194 (C.D. Cal. Jan. 7, 2022) -...more

3/2/2022 / Class Action , Class Certification , Delaware General Corporation Law , Derivative Suit , Enforcement Actions , Forum Selection , Loss Causation , Pleading Standards , Scienter , Securities Exchange Act , Securities Fraud , Securities Litigation , Special Purpose Acquisition Companies (SPACs) , Standing

Inside the Courts – An Update From Skadden Securities Litigators - October 2021

This quarter’s issue of Inside the Courts — An Update From Skadden Securities Litigators includes summaries and associated court opinions of selected cases principally decided in May-August 2021....more

10/22/2021 / Breach of Duty , Corporate Counsel , Derivative Suit , Enforcement Actions , Fiduciary Duty , Initial Public Offering (IPO) , Loss Causation , Mergers , Pleading Standards , PSLRA , Securities and Exchange Commission (SEC) , Securities Fraud , Securities Litigation , SLUSA , Statute of Limitations , Statute of Repose

Inside the Courts – An Update From Skadden Securities Litigators

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between July and October 2020. Class Certification - Cryptocurrency – Definition of a Security - Derivative...more

Inside the Courts – An Update From Skadden Securities Litigators - August 2020

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February and June 2020....more

Inside the Courts – An Update From Skadden Securities Litigators - April 2020

This issue includes summaries and associated court opinions of selected cases principally decided between October 2019 and January 2020. ...more

4/6/2020 / Aiding and Abetting , Books & Records , Breach of Duty , Bylaws , CEOs , Civil Liability , Collateral Estoppel , Criminal Convictions , DE Supreme Court , Demand Futility , Derivative Suit , Dismissals , Enforcement Actions , Exchange-Traded Products , False Statements , Federal Pleading Requirements , Fiduciary Duty , Initial Public Offering (IPO) , Injunctions , Investment Adviser , Item 303 , Lack of Particularity , Mergers , Misleading Statements , Misrepresentation , Notice Requirements , Price-Fixing , PSLRA , Pyramid Schemes , Registration Statement , RICO , Scienter , Scope of Discovery Requests , Section 11 , Section 220 Request , Securities and Exchange Commission (SEC) , Securities Exchange Act , Securities Fraud , Securities Litigation , Securities Violations , Shareholder Litigation , Shareholder Votes , Summary Judgment

M&A Litigation Developments: Where Do We Go From Here?

Over the last few years, three notable Delaware cases — C&J Energy, Corwin and Trulia — have paved the way for a dramatic shift in the deal litigation landscape. In C&J Energy Services, Inc. v. City of Miami General...more

5/29/2018 / Acquisitions , Appraisal , Breach of Duty , Corporate Counsel , Corwin Doctrine , Damages , DE Supreme Court , Discovery , Injunctions , Mergers , Mootness , Section 220 Request , Securities Litigation , Settlement Negotiations , Shareholders , Trulia

Insights: The Delaware Edition - May 2016

This issue focuses on important, developing areas of Delaware corporation law and deal litigation, including the Court of Chancery’s clarification of its evolving views about disclosure-based deal litigation settlements;...more

5/21/2016 / Acquisitions , Aiding and Abetting , Board of Directors , Books & Records , Buyouts , Controlling Stockholders , DE Supreme Court , Demand Futility , Derivative Suit , Disclosure-Based Settlements , Fiduciary Duty , Financial Adviser , Mergers , Plainly Material Standard , Pleadings , Securities Litigation , Shareholder Demands , Shareholder Litigation , Standard of Review

Jenness Parker

Skadden, Arps, Slate, Meagher & Flom LLP

Popular Topics by This Author

Latest Posts › Securities Litigation