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U.S. Supreme Court to Clarify Securities Fraud Pleading Requirements for Falsity and Scienter During 2024–2025 Term

On June 17, 2024, the U.S. Supreme Court granted certiorari in Nvidia Corp. v. E. Ohman J:or Fonder AB [No. 23-970]. The Supreme Court’s decision is expected to address, for the first time in over a decade, the exacting...more

Ninth Circuit Rejects Heightened State-of-Mind Pleading Requirement for Section 14(e) Claims

Key Points - The 9th Circuit, disagreeing again with the 2nd, 3rd, 5th, 6th, and 11th Circuits, reaffirmed that claims under Section 14(e) of the Exchange Act do not require a showing of scienter. In the 9th...more

SEC Adopts Final Clawback Rules

On October 26, 2022, the U.S. Securities and Exchange Commission (SEC) adopted long-awaited final rules implementing the “clawback” provisions of Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act....more

Court of Appeal Holds That Exhaustion of Administrative Remedies Is Procedural, Not Jurisdictional

On September 12, 2022, the California Court of Appeal, 4th District, issued its decision in Acevedo v. CashCall, Inc., 2022 WL 4129106 (Cal. Ct. App. Sept. 12, 2022), affirming the lower court’s decision dismissing a Private...more

Court of Appeal Case Explains Why Failure to Exhaust Administrative Remedies May Prevent Substitution of PAGA Plaintiffs

On June 9, 2022, the California Court of Appeal, 4th District, issued its decision in Hargrove v. Legacy Healthcare, Inc., No. E076240, 2022 WL 2071982 (Cal. Ct. App. June 9, 2022), which affirmed a trial court decision...more

Merricks v Mastercard: U.K. Competition Appeal Tribunal Gives Green Light for First Ever ‘Opt-out’ Class Action

Key Takeaways - The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more

U.S. Supreme Court Reverses California’s Sliding Scale Approach to Specific Personal Jurisdiction

On June 19, 2017, in Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held, by a vote of 8 to 1, that California courts lack specific jurisdiction to entertain a nonresident’s claims that are...more

Appellate Jurisdiction over Class Certification Denials: Microsoft v. Baker

Facts - On June 12, 2017, in Microsoft Corporation v. Baker, the U.S. Supreme Court unanimously held that federal courts of appeals lack jurisdiction to review orders striking class allegations after the named plaintiffs...more

Criminal Defendants Have a Constitutional Right to Introduce Evidence of Clear Racial Bias in Jury Room After Guilty Verdict

The no-impeachment rule is that once a jury’s verdict has been entered, it cannot generally be called into question based on the comments or conclusions during jury deliberations. In Pena-Rodriguez v. Colorado, the U.S....more

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