Danielle Van Wert

Danielle Van Wert

Orrick, Herrington & Sutcliffe LLP

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On a Roll: The SEC Continues to Deliver on its Promise to Seek Admissions of Wrongdoing

The SEC announced last week that it has obtained yet another admission of wrongdoing in connection with an agreement to settle an SEC enforcement action. This time, Peter A. Jenson, the former COO of Harbinger Capital...more

8/6/2014 - Corporate Counsel Enforcement Enforcement Actions Fraud Harbinger Capital Partners LLC Neither Admit Nor Deny Settlements SEC

Money, Gold And Judges: D.C. Circuit Holds SEC’s Conflict Minerals Rule Violates The First Amendment

On April 14, 2014, a divided panel of the U.S. Court of Appeals for the District of Columbia held in National Assoc. of Mfg., et al. v. SEC that the required disclosures pursuant to the SEC’s Conflict Minerals Rule violated...more

4/23/2014 - Conflict Mineral Rules First Amendment SEC Securities Litigation

Halliburton Oral Argument: The Fraud-On-The-Market Theory Is “Basic”Ally A Sore Thumb

On March 5, the Supreme Court heard oral arguments in Halliburton v. The Erica P. John Fund. As discussed in previous blog posts, the United States Supreme Court agreed to consider Petitioner Halliburton’s argument to modify...more

3/12/2014 - Basic v Levinson DOJ Fraud-on-the-Market Halliburton v Erica P. John Fund Private Securities Litigation Reform Act of 1995 SCOTUS SEC Securities Fraud Securities Litigation

You Better Forum-Shop Around . . . While You Still Can

On January 31, 2014, Chevron Corporation moved to certify to the Delaware Supreme Court the question of whether exclusive forum bylaws are valid under Delaware law. Chevron filed its motion before the Honorable Jon S. Tigar...more

2/12/2014 - Forum Forum Selection Clause Forum Shopping

Securities Litigation Trends In Q2 2013: What’s Up (Or Should We Say Down)?

The second quarter of 2013 saw the largest quarterly percentage decline in new securities actions since before the 2007/2008 financial crisis....more

7/31/2013 - Securities Fraud Securities Litigation

In The SDNY, Hindsight Is No Substitute For Red Flags When Alleging Scienter

On April 8, 2013, Judge Shira A. Scheindlin of the Southern District of New York granted auditor Deloitte Touche Tohmatsu CPA’s (“DTTC”) motion to dismiss a shareholder class action, finding that plaintiffs failed to...more

4/16/2013 - Auditors Class Action Material Misstatements Rule 10b-5 Scienter SEC Securities Exchange Act Securities Fraud Shareholders

SEC v. Hackers: More Cybersecurity Enforcement On The Horizon?

Cybersecurity may be the SEC’s newest area for enforcement actions. While the SEC first released Disclosure Guidance concerning cybersecurity in 2011, the recent media attention surrounding significant cybersecurity breaches...more

3/5/2013 - Class Action Cybersecurity Data Protection Disclosure Requirements SEC

Shareholder Plaintiffs Score A Class Certification Win From SCOTUS

On Wednesday, the Supreme Court issued its decision in Amgen, Inc. v. Connecticut Retirement Plans. In a 6-3 decision authored by Justice Ginsburg, the Supreme Court handed a win to plaintiffs in securities fraud class...more

3/1/2013 - Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Materiality Rule 23 SCOTUS Securities Fraud

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