Securities Law › Civil Procedure › Science, Computers & Technology

Dechert Survey of Securities Fraud Class Actions Brought Against U.S. Life Sciences Companies

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

Life Sciences Companies Should Protect Themselves Against Increased Exposure to Costly Securities Fraud Lawsuits After Supreme...

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

Cybersecurity: The Next Big Wave in Securities Litigation?

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

Looking Ahead: Forthcoming 2013 Securities and Corporate Governance Litigation Developments

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. Seeks To Discontinue Class Action Against Bre-X Principals

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

Microsoft Court Holds Right to Replicate Software Is an Intangible Property Right for Purposes of California’s Sales Factor...

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

Lessons From In Re Rigel Pharmaceuticals

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

July 2012: Japan Litigation Update

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

Corporate and Financial Weekly Digest - May 25, 2012

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 - SEC...more

U.S. District Court for the District of Massachusetts Holds Pharmaceutical Companies Not Required to Disclose FDA Inspectional...

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

A MATRIXX Revolution, Part II: Supreme Court affirms Ninth Circuit's holding that life science companies cannot rely on a...

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

Supreme Court Rejects Bright-Line Test For Materiality in Rule 10b-5 Class Action With Respect to Adverse Event Reports

In Matrixx Initiatives, Inc. et al. v. Siracusano, et al., decided on March 22, 2011, the Supreme Court addressed the circumstances under which adverse event reports (“AERs”), i.e., reports by users of a drug that they...more

T.R. Investors v. Genger

Brief of Amicus Curiae in Support of Defendant Below-Appellant Urging Reversal

This amicus brief addresses issues raised in the Court of Chancery relating to preservation and deletion of data. In the brief, amici argue that the Court misapplied technological concepts and therefore reached a conclusion...more

A MATRIXX Revolution? Is there a need to describe all adverse event reports in SEC filings of life sciences companies?

The U.S. Supreme Court has scheduled oral argument for January 10, 2011, in the case of Matrixx Initiatives et al v. Siracusano, Case Number 09-1156, on appeal from the decision of the Ninth Circuit in Siracusano v. Matrixx...more

Supreme Court Will Decide If Statistical Significance Forms Part of the Legal Standard for Proving Securities Fraud Against Life...

Statistical significance is generally cited as the gold standard by which pharmaceutical companies decide whether information is scientifically meaningful. Should it also be part of the legal standard for proving securities...more

Supreme Court Agrees to Decide Securities Class Action with Significant Implications for the Pharmaceutical Industry and Other...

On June 14, 2010, the Supreme Court agreed to consider Matrixx Initiatives, Inc. v. Siracusano, which addresses a stockholder’s claim that a pharmaceutical company improperly failed to disclose adverse drug reactions even...more