Claire Davis

Claire Davis

Lane Powell PC

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Omnicare Court Ponders Two Middle Paths: One Rocky, One Smooth

Monday’s oral argument before the Supreme Court in Laborers District Counsel Construction Industry Pension Fund v. Omnicare, Inc., (“Omnicare”) was remarkable in that, as Omnicare attorney Kannon Shanmugam noted, it was the...more

11/10/2014 - Evidence False Statements Federal Rules of Civil Procedure Materiality Omnicare Omnicare v Laborers District Council Reasonableness Factors SCOTUS

Public Companies, Beware! Safe Harbor Protection Requires Thoughtful Warnings and a Sophisticated Defense

Public companies around the country labor under the misunderstanding that the Private Securities Litigation Reform Act’s “Safe Harbor” provision protects them from liability for publicly announced earnings guidance and other...more

2/10/2014 - Compliance Employer Liability Issues PSLRA Safe Harbors

Halliburton: Is the Fix as Basic as Alleging Omissions under Affiliated Ute? Or Is That Too Cute?

Even the most experienced securities defense attorneys regularly summarize Rule 10b-5(b) as creating a cause of action for “false or misleading statements and omissions of material fact.” Courts –including the Supreme Court...more

1/28/2014 - Class Action False Statements Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Justifiable Reliance Misleading Statements Omissions Reasonable Reliance Claims Rule 10b-5 Securities Securities Fraud Securities Litigation Standing

Sixth Circuit Takes Wrong Turn in Cases Challenging Opinions: A Statement of Opinion is not False if it is Genuinely Believed

When is an opinion a false or misleading statement? If a company official says “I think the deal is fair,” is it a false statement just because the deal is objectively unfair? Or only if the official also did not...more

8/13/2013 - False Statements Misleading Statements

Second Take on Amgen: Defense Arguments Largely Intact, Even in Overruled Circuits

In our post in the immediate wake of the Supreme Court’s decision in Amgen Inc. v. Connecticut Retirement Plans, we concluded that rather than being a new threat to the defense of securities class actions, Amgen basically...more

3/29/2013 - Amgen Amgen Inc. v Connecticut Retirement Plans Class Action Fraud-on-the-Market Material Misstatements SCOTUS Securities Fraud Securities Litigation

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