News & Analysis as of

Securities Fraud Rule 10b-5

Pierce Atwood LLP

Why Confidential Witness Allegations Fail the Tellabs Test in the District of Massachusetts

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While securities class action filings are on the rise within the First Circuit, the District of Massachusetts continues to apply a high degree of scrutiny to securities fraud allegations, including particularized facts...more

Woodruff Sawyer

Lesser-Known Securities Law Theories and D&O Risk

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Most federal private securities litigation is brought under Section 10(b) of the Exchange Act and Section 11 of the Securities Act. These two provisions are responsible for most of the big-ticket securities class actions that...more

A&O Shearman

Sixth Circuit Vacates Class Certification In Securities Fraud Lawsuit Against Electric Services Company

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On August 13, 2025, the United States Court of Appeals for the Sixth Circuit vacated a district court order granting class certification in a putative securities class action against an electric services company (the...more

Patterson Belknap Webb & Tyler LLP

AI- and Cryptocurrency-Related Securities Class Action Filings in 2025 H1

Cornerstone Research recently published its 2025 midyear assessment of securities class action filings. Compared to the second half of 2024, securities class action filings in the first half of 2025 decreased slightly from...more

Freiberger Haber LLP

Enforcement News: SEC Charges Wisconsin Resident and The LLCs That He Owns and Controls with Perpetrating a Real Estate Affinity...

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On August 1, 2025, the Securities and Exchange Commission (“SEC”) announced (here) that it charged a Wisconsin resident and three limited liability companies that he owns and controls – Investors Capital LLC, Global Investors...more

A&O Shearman

SDNY Allows Control Person Claims To Proceed Against Food & Beverage Executive

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On July 28, 2025, Judge Jessica G. L. Clarke of the United States District Court for the Southern District of New York denied a motion for judgment on the pleadings to dismiss a claim under Section 20(a) of the Securities...more

A&O Shearman

District Of New Jersey Dismisses Putative Securities Class Action Against Pharmaceutical Company

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On July 30, 2025, Judge Brian R. Martinotti of the United States District Court of the District of New Jersey granted a motion to dismiss a putative securities fraud class action against a drug manufacturing company (the...more

Cooley LLP

Dissemination of One’s Own Misstatements Does Not Create Scheme Liability, Says New York Court

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On July 16, 2025, the US District Court for the Eastern District of New York dismissed a scheme liability claim in an enforcement action brought by the US Securities and Exchange Commission (SEC) against a company’s former...more

Alston & Bird

Court Watch: Certiorari Petitions Raise Questions on Materiality and Tracing

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Our Securities Litigation Group examines two potential Supreme Court cases with important potential implications for defendants facing federal securities law claims....more

Pierce Atwood LLP

District of Massachusetts Sees Rise in Securities Fraud Class Actions Despite Dismissal Risks

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This is part one of a three-part series exploring the recent uptick in securities class action filings in the First Circuit and examining recent decisions issued by the District of Massachusetts. This post examines current...more

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: July 1, 2025

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action...more

A&O Shearman

Middle District Of Tennessee Dismisses Securities Fraud Claims Against Discount Retailer Chain

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On June 24, 2025, Judge Aleta A. Trauger of the Middle District of Tennessee granted a motion to dismiss a putative securities class action brought against a discount retailer chain (the “Company”) and certain of its...more

A&O Shearman

Northern District Of Texas Dismisses Securities Fraud Class Action Against Telecommunications Company

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On June 16, 2025, Chief Judge David C. Godbey of the United States District Court for the Northern District of Texas dismissed a putative securities class action against a telecommunications company (the “Company”) and...more

A&O Shearman

Northern District Of California Dismisses Class Action Against Power Solutions And Modules Company

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On June 6, 2025, Judge Richard Seeborg of the United States District Court for the Northern District of California granted without prejudice a motion to dismiss a putative securities fraud class action against a developer of...more

A&O Shearman

Northern District Of California Narrows Claims In Securities Class Action Against Medical Devices Company

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On June 3, 2025, Judge Jacqueline S. Corley of the Northern District of California granted in part a motion to dismiss a putative securities class action brought against a medical devices company (the “Company”), its CEO, and...more

A&O Shearman

District Of Oregon Dismisses Class Action Against Nuclear Power Company

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On May 21, 2025, Judge Karin J. Immergut of the United States District Court for the District of Oregon granted a motion to dismiss a proposed securities fraud class action against a nuclear energy company (the “Company”) and...more

A&O Shearman

Central District Of California Dismisses Putative Securities Class Action Against Healthcare Technology Company For Failure To...

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On April 18, 2025, Judge André Birotte Jr. of the Central District of California granted a motion to dismiss a putative class action asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the...more

Woodruff Sawyer

Special Report: Biotechnology Companies & Securities Class Action Litigation (2024)

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In 2024, biotechnology companies were the second most targeted industry for securities class action litigation, according to the D&O Databox™, Woodruff Sawyer’s proprietary database of securities class action suits. The...more

A&O Shearman

Southern District Of New York Denies Motion To Dismiss Putative Securities Class Action Against Cosmetics Company

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On March 31, 2025, Judge Arun Subramanian of the United States District Court for the Southern District of New York denied a motion to dismiss a putative securities class action against a cosmetics company (the “Company”),...more

Cadwalader, Wickersham & Taft LLP

Securities Litigation Alert: Second Circuit Applies Fraud-on-the-Market Presumption to Section 10(b) Claims Based on Missed...

On February 3, 2025, in In re Shanda Games Limited Securities Litigation, a divided panel of the U.S. Court of Appeals for the Second Circuit, allowed a putative investor class to proceed with securities fraud claims under...more

WilmerHale

Year in Review: 2024 AI Securities Litigation Trends

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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

A&O Shearman

District Of Colorado Dismisses Complaint Against Satellite Technology Company For Alleging Securities Fraud

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On March 24, 2025, Judge Rita F. Lin of the United States District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative class action against a technology company (the...more

A&O Shearman

Eastern District Of Wisconsin Dismisses Class Action Against Energy Products Company For Failure To Allege Falsity, Scienter, And...

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On February 7, 2025, Judge Brett H. Ludwig of the United States District Court for the Eastern District of Wisconsin dismissed a putative class action alleging that an energy product sales company (the “Company”) and its...more

A&O Shearman

Central District Of California Grants Motion To Dismiss Putative Securities Class Action Against Plant-Based Meat Substitute...

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On February 26, 2025, Judge Michael W. Fitzgerald of the United States District Court for the Central District of California granted a motion to dismiss a putative class action against a producer of plant-based meat...more

A&O Shearman

District of Delaware Dismisses Securities Fraud Action By Investment Firm Against A Racing Game Developer And Publisher Related To...

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On February 26, 2025, Circuit Judge Stephanos Bibas, sitting by designation in the District Court for the District of Delaware, granted a motion for summary judgment in a securities action brought by an investment firm...more

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