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
When a public company confronts a crisis, whether stemming from regulatory scrutiny, operational setbacks, or some other unfortunate development, securities litigation exposure materializes rapidly. ...more
Claims relating to statements about artificial intelligence (“AI”) have rapidly become a focal point in securities litigation. Similar to the past surge of “greenwashing” claims tied to climate change disclosures, in 2024 we...more
4/1/2025
/ Artificial Intelligence ,
Initial Public Offering (IPO) ,
Misleading Statements ,
Misrepresentation ,
Pending Litigation ,
Publicly-Traded Companies ,
Rule 10b-5 ,
Securities Act of 1933 ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Shareholders
On Nov. 13, the U.S. Supreme Court heard oral argument in Nvidia Corp. v. E. Ohman J:or Fonder AB, which has been widely followed given its potential impact on motions to dismiss in securities class actions. After oral...more
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
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
As noted in our earlier alert concerning securities fraud litigation under Section 10(b) of the Securities Exchange Act, the spread of COVID-19 and its effect on the global economy have caused extreme market volatility and,...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
On May 2, 2019, a court in the Southern District of New York ruled in United States v. Connolly (16-CR-370) that statements made by an employee to outside counsel during an internal investigation were subject to certain...more