Amgen Inc. v Connecticut Retirement Plans, SCOTUS

Business News Digest – April 2013

by Michael Baader, Jamie Barnett, Andrew Bigart, Amanda C. Blunt, Edward Boyle, Gregory Braker, Robert Burton, Emilio W. Cividanes, John F. Cooney, Krista Coons, Ashley Craig, Daniel Danello, more +Robert P. Davis, Paul Debolt, Douglas Emhoff, Lisa Jose Fales, Matthew R. Farley, Kathryn Floyd, Thomas Gilbertsen, Nancy Grunberg, Michael Hartmere, J. Scott Hommer, Stuart P. Ingis, Jay Johnson, Jonathan King, Mitchell Kolkin, George Kostolampros, Dismas Locaria, Elizabeth Lowe, Melissa McLaughlin, Lindsay B. Meyer, Parker B. Morrill, Jonathan L. Pompan, Hillary Profita, Matthew R. Rabinowitz, Megan Roberts-Satinsky, Anthony Rosso, Martin Saad, Sejal Shah, Raymond Shepherd, Eric R. Smith, Robert Smith, Margaret Strand, Joeann Walker, Ariel S. Wolf, Jason Wool, Brian Zimmet | Venable LLP on 4/15/2013

In this issue: - Finders May Pose Risk in Private Capital Raising - NIST Holds First Workshop on Executive Order Cybersecurity Framework - NIST Issues Request for Information, Begins Developing...more

Behrend and Amgen: The Supreme Court Sends Mixed Signals About Reaching the Merits at the Class Certification Stage

by Stephen Fogdall, Christian Sheehan | Schnader Harrison Segal & Lewis LLP on 4/2/2013

The U.S. Supreme Court has sent mixed signals this term regarding when courts can address merits issues at the class certification stage. On March 27, 2013, in Comcast Corp. v. Behrend, the Court reaffirmed that lower courts...more

Second Take on Amgen: Defense Arguments Largely Intact, Even in Overruled Circuits

by Claire Davis | Lane Powell PC - Securities / D&O Discourse on 3/29/2013

In our post in the immediate wake of the Supreme Court’s decision in Amgen Inc. v. Connecticut Retirement Plans, we concluded that rather than being a new threat to the defense of securities class actions, Amgen basically...more

Supreme Court's Decision Reshapes Class Certification for Future Securities Class Actions

by Michael D. Redondo | Holland & Knight LLP on 3/19/2013

On February 27, 2013, the U.S. Supreme Court addressed a long-standing circuit split on the issue of whether, when bringing a securities fraud class action under Section 10(b) of the Securities Exchange Act of 1934, a...more

Business News Digest – March 2013

In this issue: - Executive Order Opens Consultative Processes to Draft Cybersecurity Framework for Critical Infrastructure - Maryland Cybersecurity-Related Legislative Developments - NIST Seeking...more

Supreme Court Eases Burden for Securities Class Action Plaintiffs

by Kyle Sawicki, Ashley Bruce Trehan | Fowler White Boggs P.A. on 3/12/2013

The U.S. Supreme Court recently rejected the need for plaintiffs to prove materiality at the class certification stage in federal securities fraud class actions, thus allowing shareholders of Amgen to proceed as a class in a...more

Inside The Courts - March 2013 | Volume 5 | Issue 1

by Skadden, Arps, Slate, Meagher & Flom LLP on 3/11/2013

In This Issue: *U.S. SUPREME COURT - Class Certificaton - Amgen Inc. v. Conn. Ret. Plans and Trust Funds, No. 11 1085 (U.S. Feb. 27, 2013) - Statutes of Limitations - Gabelli v. Sec. & Exch. Comm’n, No....more

Advertising News & Analysis - March 7, 2013

by Thomas Gilbertsen, Todd A. Harrison, Jeffrey D. Knowles, Erin Seder | Venable LLP on 3/11/2013

In this issue: - Obama Nominates Ramirez to Lead FTC - FDA Warning Letter Makes Shout-Out to Facebook - Supreme Court’s Amgen Ruling: What it Means for Consumer Class Actions - Upcoming...more

The Material Impact of the Amgen Decision on D&O Insurance

by Matthew Klebanoff, Angelo Savino | Cozen O'Connor on 3/8/2013

In Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 (Slip Op. Feb. 27, 2013), the U.S. Supreme Court, in a 6-3 majority opinion (Ginsburg, J.), affirmed the U.S. Court of Appeals for the 9th Circuit’s...more

United States Supreme Court Holds that Class Action Securities Fraud Plaintiffs Need Not Prove the Materiality of the Alleged...

by Steven Kramer, John M. Landry, John Stigi | Sheppard Mullin Richter & Hampton LLP on 3/8/2013

In Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085, ___ WL ______ (U.S. Feb. 27, 2013), the United States Supreme Court affirmed the decision of the United States Court of Appeals for the Ninth Circuit...more

Applicability of Amgen Decision Should be Very Narrow

by Thomas Gilbertsen | Venable LLP on 3/8/2013

When the Supreme Court issued its decision in Wal-Mart Stores, Inc. v. Dukes in 2011, defense lawyers hailed the case as a game-changer that would level the class action playing field in an arena that traditionally favored...more

Supreme Court Holds That Proof Of Materiality Is Not A Prerequisite To Certification Of Fraud-On-The-Market Securities Class...

by David Kolker, Ryan Philp, Laurence Silverman | Bracewell & Giuliani LLP on 3/8/2013

On February 27, 2013, the United State Supreme Court issued its decision in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085, 568 U.S. __ (2013). In an opinion authored by Justice Ginsburg,1 the Supreme...more

Supreme Court Rules In Favor Of Plaintiffs In Amgen Securities Class Action

by Gay Parks Rainville, Michele Zarychta | Pepper Hamilton LLP on 3/7/2013

Continuing its recent trend of handing down plaintiff-friendly decisions in private securities class actions brought under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and SEC Rule 10b-5 (Rule...more

Supreme Court Holds Securities Fraud Class Certification Does Not Require Showing Of Materiality, With Strong Dissents Questioning...

by Joseph Bringman, Todd Kerr | Perkins Coie on 3/7/2013

In its long-awaited decision in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085 (U.S. Feb. 27, 2013), the U.S. Supreme Court held that plaintiffs in a securities-fraud class action do not need to...more

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

by William Asher, Jr., Michael Dube, Michael Gass, Stuart Glass, Brenda Jarrell, PhD., Gerald Quirk | Choate Hall & Stewart LLP on 3/7/2013

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

Litigation Alert: Amgen: A Pyrrhic Victory For Plaintiffs in Securities Class Actions?

by Marie C. Bafus, Kevin P. Muck | Fenwick & West LLP on 3/7/2013

In a 6-3 decision issued last week, the Supreme Court ruled in Amgen Inc. v. Connecticut Ret. Plans & Trust Funds, 568 U.S. ___, 2013 WL 691001 (Feb. 27, 2013), that shareholders bringing class actions under Section 10(b) of...more

U.S. Supreme Court Lowers the Bar for Class Certification in Private Securities Fraud Actions

by Suzan Jo, Marvin G. Pickholz | Duane Morris LLP on 3/6/2013

On February 27, 2013, the U.S. Supreme Court issued its opinion in Amgen, Inc. v. Connecticut Retirement Plan and Trust Funds, 568 U.S. ___ (2013), resolving a conflict among the Courts of Appeals "over whether district...more

Reading Tea Leaves After the Supreme Court’s Amgen Securities Litigation Decision

by Matthew Baltay, Paul Bork | Foley Hoag LLP on 3/6/2013

On February 27, 2013, the Supreme Court issued its ruling in Amgen Inc. v. Connecticut Retirement Plans and Trust Fund. In the decision, the Court held that plaintiffs in 10b-5 securities litigation need not prove...more

Supreme Court Ruling Lowers Class Action Hurdle for Securities Fraud Cases

by Michael Rosensaft | Katten Muchin Rosenman LLP on 3/6/2013

On February 27, the Supreme Court upheld a lower court’s determination that proof of materiality is not required before certifying a securities fraud class action....more

Supreme Court's Amgen Ruling Creates Wide-Ranging Implications for Securities Suits and Other Business Litigation

by King & Spalding on 3/5/2013

On February 27, 2013, the Supreme Court issued its decision in Amgen, Inc. v. Connecticut Retirement Plans. Justice Ginsburg authored the 6-3 majority opinion affirming the Ninth Circuit’s holding that a securities fraud...more

SCOTUS Ruling in Amgen Case Allows Plaintiffs to Certify Securities Classes Without Proving Materiality

by Ashley Burden, Joni Jacobsen, David Kistenbroker, Angela Liu, Carl Volz | Dechert LLP on 3/4/2013

In Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, 568 U.S. ___ (2013), decided on February 27, 2013, the Supreme Court of the United States affirmed the Ninth Circuit’s ruling that, in a case...more

The Supreme Court’s Decision in Amgen Reshapes the Securities Class Certification Battlefield

by Kostas Katsiris, Thomas Welling | Venable LLP on 3/4/2013

On February 27, 2013, the U.S. Supreme Court issued one of the most highly anticipated securities law decisions in recent years in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. __ (2013). The Court’s...more

Plausible Allegations – Not Proof – Of Materiality All That’s Required For Class Certification in Securities Fraud Suits, Says...

by Thomas Levinson, Sarah Wolff | Reed Smith on 3/1/2013

In its ruling on February 27, in Amgen, Inc. v. Connecticut Retirement Plans & Trust Funds (No. 11-1085), the first of several highly anticipated class action decisions that impact securities class action litigation going...more

Supreme Court Update: Two Securities Law Decisions This Week, and Another to Come

by Jeffrey Cook, Brian Miller | Akerman Senterfitt on 3/1/2013

The United States Supreme Court has taken a keen interest in the securities arena this current term, agreeing to hear at least three cases (of only approximately 70 in total). This week, the Supreme Court announced decisions...more

Shareholder Plaintiffs Score A Class Certification Win From SCOTUS

by Robert Cohen, Lori Lynn Phillips, Danielle Van Wert | Orrick - Securities Litigation and Regulatory... on 3/1/2013

On Wednesday, the Supreme Court issued its decision in Amgen, Inc. v. Connecticut Retirement Plans. In a 6-3 decision authored by Justice Ginsburg, the Supreme Court handed a win to plaintiffs in securities fraud class...more

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Amgen Inc. v Connecticut Retirement Plans › SCOTUS