Jonathan Richman

Jonathan Richman

Proskauer Rose LLP

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Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution –...more

10/18/2016 - BP Class Action Collective Actions Declaratory Judgments Deepwater Horizon EU Investors Litigation Strategies Netherlands Oil & Gas Securities Securities Litigation Settlement Shareholders

Second Circuit Affirms Exclusion of Certain Foreign Purchasers and Purchases from Securities Class Action

The U.S. Court of Appeals for the Second Circuit issued a lengthy opinion today in the long-running In re Vivendi, S.A. Securities Litigation, affirming the jury’s verdict on liability and addressing issues about loss...more

9/28/2016 - Appeals Class Action Class Certification Class Members Corporate Counsel Expert Witness Foreign Corporations FRCP 23(b)(3) Loss Causation Mergers Popular Putative Class Actions Securities Securities Litigation Shareholders Stocks Superiority Claims

Key Takeaways from Cornerstone Research’s Securities Class-Action Filings 2016 Midyear Assessment

Cornerstone Research recently released its 2016 midyear assessment of federal securities class-actions filings. The report finds an increase in filings in the first half of 2016, with particular increases in M&A filings,...more

8/4/2016 - Acquisitions Class Action Corporate Counsel Foreign Issuers Mergers Publicly-Traded Companies Securities Fraud Settlement Young Lawyers

Sixth Circuit Court of Appeals Accepts Materialization-of-Risk Standard for Loss Causation

On July 20, 2016, the U.S. Court of Appeals for the Sixth Circuit recognized the “materialization of the risk” standard as a means of proving loss causation in securities-fraud cases. The court’s decision in Ohio Public...more

7/21/2016 - Appeals Class Action Freddie Mac Loss Causation Material Misrepresentation Material Misstatements Mortgage-Backed Securities Proximate Cause Reversal Securities Fraud

Cornerstone Research Reports “Surge” in Securities Class-Action Settlements in 2015

Cornerstone Research’s latest annual report discloses that the number and average size of securities class-action settlements increased in 2015 as compared to 2014. Total settlement dollars rose to more than $3 billion –...more

4/4/2016 - Class Action Corporate Counsel Damages SEC Securities Litigation Settlements Young Lawyers

Second Circuit Adopts Actual-Knowledge Standard for MD&A Disclosures

The Second Circuit held yesterday that Item 303 of SEC Regulation S-K requires issuers to disclose only those trends, events, or uncertainties about which the issuer has actual knowledge, rather than those matters about which...more

3/31/2016 - Actual or Constructive Knowledge Class Action Corporate Issuers Disclosure Requirements Financial Statements Puffery Regulation S-K SEC Securities Violations

Second Circuit Addresses Statutes of Repose and Tolling in Securities Class Actions

The Second Circuit has clarified the applicable statutes of repose for securities-fraud and proxy-related claims under §§ 9(f), 14(a), and 18(a) of the Securities Exchange Act. The court’s March 17, 2016 decision in DeKalb...more

3/21/2016 - Class Action Proxy Statements PSLRA Sarbanes-Oxley Securities Exchange Act Securities Fraud Statute of Repose Tolling

The Netherlands Returns as a Collective-Settlement Forum

Ageas (the former Fortis) and several organizations representing Fortis shareholders announced yesterday a EUR 1.204 billion settlement of shareholder claims under the Dutch Act on Collective Settlement of Mass Claims (the...more

3/15/2016 - Class Action Corporate Counsel EU International Litigation Jurisdiction Morrison v National Australia Bank Netherlands Opt-Outs SCOTUS Settlement Shareholder Litigation

U.S. Court Certifies Classes in Petrobras Securities Litigation

The United States District Court for the Southern District of New York yesterday certified two classes of investors who had purchased Petrobras securities on U.S. exchanges or in other U.S. transactions. The February 2, 2016...more

2/4/2016 - Ascertainable Class Class Action Class Certification Corporate Counsel Morrison v National Australia Bank Petrobras Res Judicata SCOTUS Securities Litigation

Delaware Court of Chancery Rejects Another Disclosure-Only M&A Settlement and Warns of “Increasingly Vigilant” Scrutiny

The Delaware Court of Chancery dealt another blow to disclosure-only settlements of merger litigation and refused to approve a proposed class-action settlement arising from Zillow, Inc.'s acquisition of Trulia, Inc. ...more

1/25/2016 - Attorney's Fees Class Action Corporate Counsel Disclosure-Based Settlements Mergers Preliminary Injunctions Shareholder Litigation Stock Deals Supplemental Disclosures Trulia Zillow

Ninth Circuit Rejects Adverse-Interest Exception in Fraud-on-the Market Securities Class Actions

Last week, the Ninth Circuit issued a decision that could affect analyses of corporate scienter in securities class actions. The court reversed the dismissal of In re ChinaCast Education Corporation Securities Litigation and...more

10/28/2015 - Apparent Authority Board of Directors CEOs Class Action Corporate Counsel Corporate Officers Exceptions Fraud-on-the-Market Professional Misconduct Scienter Securities Fraud Shareholder Litigation

Southern District of Florida Case Challenging Bylaw Requiring Minimum Stake to Sue Dismissed

As we have previously discussed, there has been a growing trend of corporations’ adopting various types of bylaws to define the bounds of shareholder litigation. These include forum-selection bylaws and fee-shifting bylaws...more

10/27/2015 - Board of Directors Bylaws Class Action Corporate Governance Derivative Suit Duty of Loyalty Fee-Shifting Forum Selection Mootness Motion to Dismiss Motion To Intervene Shareholder Litigation Voluntary Dismissals

U.S. Court Dismisses Foreign Residents’ Foreign-Law Claims Arising from Securities Purchased on U.S. Markets

Much ink has been spilled since the Supreme Court’s 2010 decision in Morrison v. National Australia Bank about the federal securities laws’ applicability to foreign transactions in foreign securities.  But what happens when...more

9/29/2015 - Application of Foreign Laws BP Canada Class Action Corporate Counsel Cross-Border Transactions Foreign Nationals Forum Non Conveniens Morrison v National Australia Bank NYSE SCOTUS Securities Litigation

A Farewell to Alms? Peppercorn Settlements of M&A Litigation

An apparently frustrated Delaware Vice Chancellor recently approved yet another disclosure-only settlement of yet another challenge to a merger, but seemed intent on signaling that such proposed class-action settlements might...more

9/21/2015 - Attorney's Fees Class Action Conflicts of Interest Estimated Value Disclosures Mergers Proxy Statements Purchase Price Settlement Shareholder Litigation Supplemental Disclosures

Seventh Circuit Reverses $2.46 Billion Judgment in Securities-Fraud Class Action

The Court of Appeals for the Seventh Circuit last week reversed a $2.46 billion judgment in a long-running securities-fraud class action against Household International and granted a new trial on limited issues. The opinion...more

5/29/2015 - Appeals Burden-Shifting Class Action False Statements Janus Capital Group Lenders Loss Causation Misrepresentation Reversal Rule 10b-5 Securities Fraud Stock Drop Litigation

Presumption of Reliance Survives in Securities Cases, But Defendants Can Dispute Price Impact at Class Certification

The U.S. Supreme Court yesterday declined to abandon the efficient-market theory, with its rebuttable presumption of reliance that enables securities class actions to proceed without proof of actual reliance on alleged...more

6/24/2014 - Basic v Levinson Class Action Class Certification Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Presumption of Reliance SCOTUS Securities Fraud

U.S. Supreme Court Rejects Need to Prove Materiality at Class-Certification Stage in Securities Class Actions

The U.S. Supreme Court ruled on February 27, 2013 that a plaintiff need not prove materiality as a prerequisite to obtaining class certification in a securities class action. The Court's ruling in Amgen Inc. v. Connecticut...more

2/28/2013 - Amgen Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Rebuttable Presumptions SCOTUS Securities Fraud Securities Litigation

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