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Bernstein Shur Business and Commercial Litigation Newsletter #39

We are pleased to present the 39th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight developments related to securities fraud, class actions, and other news that will have...more

Bernstein Shur Business and Commercial Litigation Newsletter #37

We are pleased to present the 37th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent developments concerning securities fraud liability against law firms and other...more

Looking Forward - Canadian Class Actions in 2014

The last few years have been very active years for class actions in Ontario. Bennett Jones continues to have an active and expanding class actions practice....more

Back to Work? Let’s Start With A Look Back at 2013

As we returned to the office this week, we thought what better way to adjust to re-entry than by taking stock of what happened in the last year. The year 2013 was an important year for class actions with a number of important...more

Looking Forward: Canadian Class Actions in 2013

Looking Forward - 2012 was an active year for class actions in Ontario. Bennett Jones has been involved in some of 2012’s leading cases, including the putative class proceedings commenced in Trustees of the Labourers’...more

Why Agency Fraud Is Like Fraud On The FDA

In our rather terse (due to firm involvement) post on Monday concerning Merck & Co. v. Ratliff, ___ S.W.3d ___, 2012 WL 413522 (Ky. App. Feb. 10, 2012) – beating both BNA and 360 by two days, BTW – we...more

Supreme Court Appears to Hand Unanimous Victories to Investors, But Leaves Lots of Openings for Defendants

Matrixx Initiatives, Inc. v. Siracusano and Erica P. John Fund v. Halliburton The Supreme Court issued two opinions this term that could dramatically alter the landscape of securities fraud litigation. In Matrixx...more

Supreme Court Rejects Statistical Significance as Bright-Line Rule for Materiality

The U.S. Supreme Court found that allegations of "statistical significance" were not a requirement for pleading materiality in a securities fraud action arising from a pharmaceutical company's alleged failure to disclose...more

U.S. Supreme Court In Matrixx: No Bright Line For "Materiality" In A Securities Fraud Claim

On March 22, 2011, the U.S. Supreme Court unanimously concluded in the securities fraud class action Matrixx Initiatives, Inc. v. Siracusano1 that the materiality of adverse-event reports cannot be reduced to a bright-line...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 Attempt To Equate Statistical Significance With Materiality In Suit For Securities Fraud

The United States Supreme Court issued a decision in Matrixx Initiatives et al. v. Siracusano et al. yesterday that will help securities class action plaintiffs survive motions to dismiss securities fraud cases. In 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

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