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On August 29, 2014, two whistleblower developments of particular interest to health care and life science entities emerged from the Securities and Exchange Commission ("SEC") and the Eighth Circuit Court of Appeals,...more
In the past few months, we have seen an increasing number of hostile or unsolicited M&A bids where boards of directors of target companies have resisted bidders’ advances. Traditionally, the board-friendly Delaware approach,...more
In this post-trial decision in a proceeding pursuant to 8 Del. C. § 225, the Court of Chancery invalidated stockholder action by written consent on the ground that the proxy solicitation materials failed to disclose an...more
In a huge victory for Massachusetts-based biologics manufacturer Genzyme Corporation, the First Circuit Court of Appeals on June 5, 2014 affirmed the District Court’s dismissal of a multi-million dollar shareholder class...more
The Delaware Court of Chancery recently invalidated a written consent of a Delaware pharmaceutical corporation due to inadequate disclosures to stockholders. ...more
In This Issue:
- New York Court Grants Airbnb’s Motion to Quash Attorney General’s Subpoena
- New York City UBT Ruling Allows Broker-Dealer Sourcing for Non-Registered Broker-Dealers
- ALJ Dismisses Action as...more
In this issue:
- SEC Requests Comment on FINRA Rules
- CFTC Issues Interpretation Regarding Auditor Independence Standards
- OTC Derivatives Regulators Group Issues Report to G20
On Monday, the U.S. Supreme Court granted certiorari in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (13-435), an appeal in which Omnicare has asked the Court to clarify the meaning of...more
After a year of public-private collaboration and considerable anticipation, the National Institute for Standards and Technology’s (NIST) cybersecurity framework for critical infrastructure has arrived. The interest in the...more
In a non-precedential decision addressing the weight given to a patentee’s statements concerning “the present invention,” the U.S. Court of Appeals for the Federal Circuit affirmed the district Court’s construction, finding...more
On 8 August 2013, the Court of Appeal issued its ruling in the case of Microsoft Corporation v Vadem Ltd . The judgment at first blush appears quite definitive, that “BVI law does not permit double derivative...more
On August 6, the U.S. District Court for the Eastern District of Texas held that the court has subject matter jurisdiction over the SEC’s claims that a Texas man and his company defrauded investors in a Ponzi scheme involving...more
In its recent decision in BioChemics, Inc. v. AXIS Reinsurance Co., 2013 U.S. Dist. LEXIS 111218 (D. Mass. Aug. 7, 2013), the United States District Court for the District of Massachusetts had occasion to consider when an...more
In response to the SEC’s first civil complaint arising from online virtual currency trading, alleged Bitcoin Ponzi schemer Trendon Shavers recently challenged the district court’s authority to hear the case. ...more
Publicly Traded Life Sciences Companies in the United States Remain an Increasingly Popular Target of Securities Fraud Class Action Lawsuits:
The past year was particularly noteworthy with respect to the absolute and...more
What you need to know: The Supreme Court recently found that defendants in class action securities fraud lawsuits will not be able to challenge the materiality of allegedly fraudulent misstatements or omissions at the...more
News broke this week about significant cybersecurity breaches at many U.S. corporations that raises the possibility of a new wave of SEC enforcement actions, class actions, and derivative lawsuits. A front page New York Times...more
This promises to be an eventful year in securities and corporate governance litigation. A number of looming developments have the potential to change the landscape for many years to come. This is the first of two posts – or...more
Deloitte & Touche Inc. (“Deloitte”), the long-acting trustee for the Estate of Bre-X Minerals Ltd., has brought motions in the Alberta and Ontario courts seeking leave to discontinue the class action litigation that it has...more
Earlier this week, the California Court of Appeal, First District, held that the right to replicate and install software is an intangible property right for sales-factor sourcing purposes. Thus, for the years at issue, the...more
Originally published in Law360, New York (September 19, 2012, 10:56 AM ET)
In In re Rigel Pharmaceuticals Inc. Securities Litigation (9th Cir. Sept. 6, 2012), the United States Court of Appeals for the Ninth Circuit...more
In This Issue:
- The IP High Court Addresses Trademark Infringement Liability of Internet Shopping Websites
- Japanese SESC Accelerates Its Enforcement Activities
- Development on Introduction of a New...more
In this issue:
- NYSE’s Modified Listing Standards For EGCs; Advisory Committee Proposes Change to NYSE Proxy Distribution Fees
- FINRA Proposes Rule Change Regarding Front Running of Block Transactions
In an important ruling dismissing a comprehensive securities class action complaint against Genzyme Corporation, the U.S. District Court for the District of Massachusetts held last week that regulatory comments and...more
On March 22, the U.S. Supreme Court affirmed the Ninth Circuit's ruling in Matrixx Initiatives, Inc. v. Siracusano, 09-1156. See our prior blog article from November 18, 2010.
Matrixx Initiatives, Inc. (“Matrixx”) is a...more
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