Brian Schmidt

Brian Schmidt

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Halliburton Watch – Highlights From The Amicus Filings

As the securities litigation bar holds its breath while the Supreme Court deliberates the fate of the fraud-on-the-market presumption of reliance, we take a moment to review some of the positions submitted by amici in...more

5/1/2014 - Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Securities Fraud

You Were Wrong, But Did You Know You Were Wrong? The Supreme Court To Resolve The Circuit Split On The Pleading Standard For...

Can a securities plaintiff satisfy Section 11 of the Securities Act simply by alleging that a statement of opinion was objectively false, or must the plaintiff also allege that the speaker subjectively knew the statement was...more

3/19/2014 - Omnicare Pharmaceutical Pleading Standards SCOTUS Section 11 Securities Fraud

SEC Wins Some, Loses Some In Aggressive Insider Trading Case, SEC Doesn’t Know Who Tipped In All Know Insider Trading Case

In a decision rendered from the United States District Court for the Northern District of Illinois, Eastern Division, Judge Ronald Guzmán granted summary judgment on the SEC’s insider trading claims as to three defendants but...more

6/26/2013 - Enforcement Actions Illegal Tipping Insider Trading SEC

Basic Gets Complicated: Vivendi Rebuts Fraud-On-The-Market Presumption

In what Judge Shira A. Scheindlin of the Southern District of New York called an “extraordinary case,” French multimedia company Vivendi, S.A. has scored an unusual victory based on a successful rebuttal of the...more

3/12/2013 - Fraud-on-the-Market Investors

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