Amy Ross

Amy Ross

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


D.C. Circuit Court “Tunes In” To SEC Administrative Court Debate

On September 29, 2015, the D.C. Circuit, the second federal appellate court to recently weigh in on the ongoing debate over SEC administrative actions, ruled in favor of the SEC in Jarkesy v. SEC, holding that federal courts...more

10/6/2015 - Administrative Proceedings Bebo v SEC Enforcement Actions SCOTUS SEC Subject Matter Jurisdiction

Wannabe Derivative Plaintiffs of Delaware Corporations Cannot Skirt Delaware Law By Filing Suit in California

It is well-established that a shareholder-plaintiff may not assert derivative claims against a corporation’s officers or directors unless he or she makes a pre-suit demand on the corporation’s board of directors and alleges...more

3/31/2015 - Board of Directors Demand Futility Derivative Suit Shareholder Demands Shareholder Litigation Shareholders

Highlights From SEC Speaks 2015

Securities and Exchange Commission leadership and staff members addressed the public on February 20-21 at the annual “SEC Speaks” conference in Washington, D.C. Common themes among the numerous presentations included the...more

2/25/2015 - Dodd-Frank JOBS Act Regulatory Agenda Rulemaking Process SEC

Hedge Fund Hack Results in Trade Secret Loss, and Raises SEC Reporting Issues

Data breaches may be nothing new, but they are certainly evolving into bigger and more notorious infractions. While the data breaches of yesterday may have involved accidental disclosure or disgruntled former employees, the...more

7/9/2014 - Corporate Counsel Criminal Conspiracy Data Breach Hackers Hedge Funds Popular Reporting Requirements SEC

SEC Speaks, Cuban Tweets

The leaders of the Securities and Exchange Commission addressed the public on February 21-22 at the annual SEC Speaks conference in Washington, D.C. The presentations covered an array of topics, but common themes included...more

2/26/2014 - Dodd-Frank Enforcement JOBS Act Mark Cuban SEC Securities Exchange Act

“Something More” Than “But For” Required In The Ninth Circuit

The Ninth Circuit recently reversed a ruling by the U.S. District Court of Nevada granting summary judgment in favor of the SEC in a case alleging violations of Section 5 of the Securities Act of 1933 in connection with the...more

9/17/2013 - But For Causation SEC Section 5 Securities Securities Act of 1933 Summary Judgment

The Sixth Circuit – The New Hotspot For Section 11 Suits

The Sixth Circuit recently made it easier for plaintiffs to bring securities suits brought under Section 11 of the Securities Act of 1933. ...more

5/30/2013 - False Statements Kickbacks Registration Section 11 Securities Act of 1933 Stocks

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