Tijana Brien

Cooley LLP

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10th Circuit Rejects Scheme Liability Claim, Finds Presumption of Reliance Rebutted on the Pleadings – A Significant Cooley Win

On October 15, 2024, the US Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of all claims in In re Overstock Securities Litigation. In doing so, the Tenth Circuit decided an issue of first...more

11/14/2024 / Rule 10b-5 , Securities and Exchange Commission (SEC) , Securities Exchange Act , Securities Fraud

Ninth Circuit Affirms Dismissal of Securities Fraud Claims, Rejects Allegations as Nothing More Than ‘Interesting Reading’

A recent decision of the US Court of Appeals for the Ninth Circuit highlights the “heightened and demanding standard” required to plead securities fraud under the Private Securities Litigation Reform Act (PSLRA). In affirming...more

5/31/2024 / Class Action , Corporate Counsel , Pleading Standards , PSLRA , Securities Exchange Act , Securities Fraud , Securities Litigation

Trending in securities class actions: Section 10(b) claims predominate, Ninth Circuit sees uptick, according to Cornerstone Report

Cornerstone Research (a top consulting and expert testimony firm) issued its 2023 Year in Review report, examining recent trends in securities class action filings. According to the report, in 2023 there was a slight uptick...more

2/21/2024 / Class Action , Predominance Requirement , Regulation S-K , Securities Act of 1933 , Securities Exchange Act , Securities Litigation , Special Purpose Acquisition Companies (SPACs)

Ninth Circuit Upholds Delaware Forum-Selection Clause, Dismisses Federal Derivative Action

On June 1, 2023, the US Court of Appeals for the Ninth Circuit held in a split en banc decision that forum-selection clauses requiring shareholders to file derivative claims in the Delaware Court of Chancery are enforceable...more

6/12/2023 / Corporate Counsel , Derivative Suit , Securities and Exchange Commission (SEC) , Securities Exchange Act , Shareholder Litigation , Shareholders

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