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Shareholder’s Challenge to Smith & Wesson SLC’s Independence Misfires in the First Circuit

On February 4, 2015, the First Circuit affirmed the summary dismissal of a shareholder derivative suit, which brought Nevada state claims for breach of fiduciary duty, waste of corporate assets, unjust enrichment, and...more

2/10/2015 - Appeals Board of Directors Breach of Duty Corporate Officers Derivative Suit Directors Entitlements Independent Boards Shareholder Litigation Shareholders Smith & Wesson Unjust Enrichment

Beyond Basic: Shareholder Litigation Without Fraud-On-The-Market

Will shareholder litigation survive the abandonment of the fraud-on-the-market presumption of reliance? After the Supreme Court’s announcement that it will be considering the presumption in Halliburton Co. v. Erica P. John...more

12/4/2013 - Fraud-on-the-Market Rebuttable Presumptions Securities Exchange Act Shareholder Litigation Shareholders

Tracing Meets Twombly: Ninth Circuit Sets Section 11 Pleading Standards For Aftermarket Purchasers

In a precedent setting decision, the Ninth Circuit affirmed dismissal of a putative class action in In re Century Aluminum Co. Securities Litigation, significantly raising the pleading bar in Section 11 cases. Plaintiffs...more

2/5/2013 - Aftermarket Purchases Section 11 Shareholders Twombly/Iqbal Pleading Standard

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