Jordan Eth

Jordan Eth

Morrison & Foerster LLP

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Context, Reasons, Hedges, and Disclaimers: The Supreme Court’s Ruling in Omnicare May Shape Whether and How Companies Express...

The Supreme Court’s decision yesterday in Omnicare Inc. v. The Laborers District Council Construction Industry Pension Fund, No. 13-435 (U.S. March 23, 2015) articulated the standard of liability for statements of opinion. At...more

3/26/2015 - Omnicare Omnicare v Laborers District Council Pharmacies Registration Statement SCOTUS Section 11 Securities Fraud

Believe It or Not? In Omnicare, the Supreme Court Considers the Standard of Liability for Statements of Opinion

Americans take as given the right to hold and express opinions. So it may come as a surprise to many that the federal securities laws impose civil liability for statements of opinion. It may be even more surprising that...more

11/6/2014 - False Statements Omnicare Omnicare v Laborers District Council Reasonableness Factors Registration Statement SCOTUS SEC Section 11 Securities Act of 1933

Beyond Basic: Supreme Court’s Halliburton Ruling Strengthens Defenses in Securities Fraud Class Actions

Today, the Supreme Court issued its ruling in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. June 23, 2014), the most anticipated securities decision since its landmark ruling over 25 years ago in Basic, Inc....more

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

California Lawyer 2014 Roundtable Series: Securities

Executive Summary - In private securities litigation, all eyes are on the U.S. Supreme Court hearing set for March on Halliburton Co.’s appeal challenging the longstanding fraud on-the-market doctrine, which underlies...more

1/16/2014 - Enforcement Actions Fraud-on-the-Market Halliburton SCOTUS SEC Securities Fraud

Supreme Court to Review the Basic Premise of Securities Class Actions

The Supreme Court has agreed to revisit the basic premise of Section 10(b) securities class actions that was first articulated in Basic v. Levinson, 485 U.S. 224 (1988). On November 15, 2013, the Court granted a petition for...more

11/18/2013 - Certiorari Class Action Halliburton SCOTUS Securities

Supreme Court Holds That Securities Fraud Plaintiffs Do Not Have to Prove Materiality to Certify a Class

The Supreme Court issued a much-anticipated decision today in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, 568 U.S. __ (2013), affirming the Ninth Circuit and holding that securities class action...more

2/28/2013 - Amgen Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Fraud-on-the-Market SCOTUS Securities Fraud Securities Litigation

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