The California Supreme Court handed a major victory to Delaware corporations facing shareholder litigation in California courts but left open questions about how durable the success will be.
In EpicentRX v. Superior Court...more
8/7/2025
/ CA Supreme Court ,
Contract Terms ,
Corporate Charters ,
Corporate Governance ,
Delaware ,
Delaware General Corporation Law ,
Forum Selection ,
Jurisdiction ,
Jury Trial ,
Shareholder Litigation ,
Shareholders
In his latest move on artificial intelligence (“AI”), President Trump unveiled his much anticipated “AI Action Plan,” laying out his Administration’s strategy to “sustain and enhance America’s global AI dominance,” consistent...more
7/25/2025
/ Artificial Intelligence ,
Cybersecurity ,
Data Centers ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Energy Sector ,
Executive Orders ,
Export Controls ,
Federal Procurement Systems ,
Government Agencies ,
Infrastructure ,
Innovation ,
National Security ,
Regulatory Reform ,
Trump Administration
The March decision in Williams v. Binance from the U.S. Court of Appeals for the Second Circuit marks the latest chapter in the judiciary's struggle to apply the U.S. Supreme Court's 2010 decision in Morrison v. National...more
5/3/2024
/ Asset Tokens ,
Blockchain ,
Broker-Dealer ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Digital Wallets ,
Foreign Exchanges ,
Fraud ,
Investors ,
Securities Exchange Act ,
Securities Tokens ,
Smart Contracts ,
Trading Platforms ,
Unregistered Securities
On April 12, 2024, the U.S. Supreme Court took a significant step to curb securities fraud suits based on alleged omissions in SEC filings. The Supreme Court held in Macquarie Infrastructure Corporation v. Moab Partners, L.P....more
WilmerHale partners say the evidentiary standards that in-house agency courts use are more relaxed than the Federal Rules of Evidence, leading to questions of fundamental fairness in the results. Congress should change this,...more
This article follows an earlier Client Alert titled COVID-19: An Early Look at Securities Act Litigation Amid COVID-19. In that alert, we anticipated that there would be an increase in Securities Act filings involving claims...more
5/26/2021
/ Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Enforcement Actions ,
Financial Reporting ,
Initial Public Offering (IPO) ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations
As COVID-19 has continued to spread across the United States, the Securities and Exchange Commission (SEC) has remained keenly focused on monitoring the market “for frauds, illicit schemes and other misconduct affecting U.S....more
While the global pandemic may have disrupted many industries, it has not stopped plaintiffs from continuing to file COVID-19-related securities fraud class actions under Section 10(b) of the Securities Exchange Act. As we...more
As noted in our earlier alert concerning securities enforcement actions, as COVID-19 spread swiftly across the United States in the early months of 2020, the Securities and Exchange Commission (SEC) began issuing warnings...more
On March 18, 2020, in a landmark ruling in Salzberg v. Sciabacucchi, No. 346, 2019 (Del. March 18, 2020), the Delaware Supreme Court upheld the validity of provisions included in a Delaware corporation’s certificate of...more
In the wake of recent unexpected changes in the way that companies do business, the goods and services that consumers demand, and the accompanying market volatility, plaintiffs have begun filing securities fraud complaints...more
5/4/2020
/ Class Action ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Disclosure Requirements ,
False Statements ,
Material Misstatements ,
Pharmaceutical Industry ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Virus Testing ,
Zoom®
On March 18, 2020, in a landmark ruling in Salzberg v. Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020), the Delaware Supreme Court upheld the validity of provisions of corporate articles of incorporation that require...more
3/20/2020
/ Articles of Incorporation ,
Bylaws ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
DE Supreme Court ,
Delaware General Corporation Law ,
Forum Selection ,
Initial Public Offering (IPO) ,
Reversal ,
Securities Act of 1933 ,
Securities Litigation ,
Venue