Charles Smith

Charles Smith

Skadden, Arps, Slate, Meagher & Flom LLP

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"Omnicare Decision Clarifies Pleading Standard for Section 11 Claims Based on Statements of Opinion in Registration Statements"

In an opinion issued yesterday, the U.S. Supreme Court held in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund that an issuer may be held liable under Section 11 of the Securities Act of 1933...more

3/25/2015 - Disclosure Issuers Material Disclosures Misleading Statements Omnicare Pleading Standards Registration Statement SCOTUS Section 11 Securities Fraud Securities Litigation Statement of Opinion

"Supreme Court Allows Rebuttal of Fraud on the Market at Class Certification Stage in Halliburton Co. v. Erica P. John Fund"

The Supreme Court of the United States today in Halliburton Co. v. Erica P. John Fund upheld the fraud-on-the-market presumption of reliance first recognized by the Court in Basic v. Levinson, but gave defendants a new tool...more

6/23/2014 - Basic v Levinson Board of Directors Class Action D&O Insurance Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Securities Fraud

"Inside the Courts: Supreme Court Decides Scope of ‘In Connection With’ Requirement of the Securities Litigation Uniform Standards...

Today, in a 7-2 decision, the United States Supreme Court appeared to narrow the scope of the “in connection with the purchase or sale of a covered security” as used in SLUSA. Justice Breyer delivered the opinion of the Court...more

2/26/2014 - SCOTUS Securities Fraud Securities Litigation SLUSA

"Supreme Court Rejects Discovery Rule on Statute of Limitations for SEC Civil Penalty Enforcement Actions"

Gabelli v. Sec. & Exch. Comm'n, No. 11-1274 (U.S. Feb. 27, 2013) - In a unanimous opinion authored by Chief Justice Roberts, the U.S. Supreme Court today held that the five-year limitations period that governs SEC...more

2/27/2013 - Discovery Rule Enforcement Actions Gabelli v SEC Penalties SCOTUS SEC Securities Fraud Statute of Limitations

"Supreme Court Holds Securities Fraud Plaintiffs Are Not Required to Prove Materiality of Allegedly False Statements to Certify a...

Today, in a 6-3 decision, the Supreme Court of the United States held in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds that a securities fraud plaintiff alleging fraud on the market need not establish the...more

2/27/2013 - Amgen Inc. v Connecticut Retirement Plans Burden of Proof Class Action Class Certification False Statements Fraud-on-the-Market Insider Trading Materiality Pleadings Rule 10b-5 SCOTUS Securities Fraud

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