News & Analysis as of

Burden of Proof Shareholders

Dechert LLP

Delaware Books and Records Demands in 2023: Protections and Pitfalls for Companies

Dechert LLP on

The past year saw significant developments in the Delaware courts for books and records inspection demands pursuant to Section 220. In a first-of-its-kind decision, the Court rejected an inspection demand as lacking a...more

Rivkin Radler LLP

Reasonable Compensation Meets The Principal Shareholder of a C Corp

Rivkin Radler LLP on

Double Tax- The shareholders of C corporations have long sought legitimate operational and transactional structures by which they may reduce the double tax hit that is realized when such a corporation distributes its...more

Goodwin

House Votes to Repeal OCC True Lender Rule

Goodwin on

In This Issue. The House of Representatives voted to pass a Congressional Review Act resolution repealing the Office of the Comptroller of the Currency’s (OCC) “true lender” rule; the Consumer Financial Protection Bureau...more

Goodwin

SCOTUS Vacates Class Certification In Suit Against Goldman Sachs And Clarifies Appropriate Scope Of Price Impact Evidence

Goodwin on

SCOTUS Vacates Class Certification In Suit Against Goldman Sachs And Clarifies Appropriate Scope Of Price Impact Evidence; Stockholders Strike $110 Million Settlement In Suit Alleging Breaches Of Fiduciary Duties By Former...more

Wilson Sonsini Goodrich & Rosati

Supreme Court Provides Guidance on Class Certification in Securities Class Actions in Goldman Sachs Decision

On June 21, 2021, the United States Supreme Court issued its decision in Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System, which provides important guidance for defendants seeking to rebut the presumption of...more

Cadwalader, Wickersham & Taft LLP

Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System: Supreme Court Vacates Class Certification Order in Decade-Long...

On June 21, 2021, the United States Supreme Court issued a decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, vacating a decision of the Second Circuit that affirmed certification of a securities...more

UB Greensfelder LLP

SCOTUS Green Lights Price Impact Evidence for Class Cert in Inflation-Maintenance Case

UB Greensfelder LLP on

A decade of litigation in the Goldman Sachs securities fraud class action has ultimately revealed an unremarkable truth, confirmed by a unanimous U.S. Supreme Court – in a case brought under Rule 10b-5 premised on an...more

Bracewell LLP

Supreme Court's Ruling in Goldman Sachs Leaves Open a Path for Securities Fraud Claims Based on Generic ESG Statements

Bracewell LLP on

In April, we analyzed whether a corporation’s purely generic public statements on environmental, social and governance (“ESG”) issues could form the basis of a subsequent securities fraud action. At the time, we identified a...more

Perkins Coie

Supreme Court: “Generic Nature” of Misstatements in Securities Action May Help Defendants Defeat Class Certification

Perkins Coie on

In a significant decision on securities class actions, the U.S. Supreme Court last week held that the generic nature of alleged misrepresentations will often be “important evidence of a lack of price impact” that can be used...more

Jones Day

U.S. Supreme Court Clarifies the Permissible Evidence and Burdens at Class Certification in Securities-Fraud Cases

Jones Day on

The U.S. Supreme Court held that courts should consider the generic nature of a misrepresentation when assessing price impact in securities-fraud suits and that defendants bear the burden of persuasion to prove a lack of...more

BCLP

U.S. Supreme Court: Courts Must Consider Generic Nature of Statements in Considering Certification of Securities Class Action, but...

BCLP on

In a closely followed case concerning class certification in securities fraud class actions, the U. S. Supreme Court has held that the generic nature of a company’s statements should be considered in determining whether such...more

King & Spalding

Supreme Court Addresses Presumption of Reliance in Securities Class Actions

King & Spalding on

On June 21, 2021, the Supreme Court issued its highly anticipated decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, No. 20-222. Goldman concerned the standards to be applied by courts when...more

Goodwin

The Supreme Court Provides Guidance on the Standard for Deciding Price Impact at Class Certification in Securities Fraud Cases

Goodwin on

In Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, the U.S. Supreme Court answered two important questions regarding the standards that govern class certification in securities fraud actions, affirming the...more

Troutman Pepper

US Supreme Court Reverses Class Certification in 10b-5 Action

Troutman Pepper on

On June 21, the U.S. Supreme Court issued a decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, a closely watched case involving the standards for class certification in securities class actions....more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Rules That All Relevant Evidence of Price Impact Matters at Class Certification Stage

On June 21, the U.S. Supreme Court issued its long-awaited decision in Goldman Sachs Group, Inc. et al. v. Arkansas Teacher Retirement System et al. The Court held that in ruling on class certification in a securities action,...more

Stinson LLP

Supreme Court Holds Generic Nature of Statements Must Be Considered With Class Certification

Stinson LLP on

On June 21, 2021, the Supreme Court issued its decision in Goldman Sachs Group, Inc., et al. v. Arkansas Teacher Retirement System, et al. The case analyzes what the defendants considered were generic statements that did not...more

McGuireWoods LLP

A New Avenue for Defendants in Securities Fraud Class Actions: Supreme Court Holds “Generic” Nature of Statements Is “Important...

McGuireWoods LLP on

Monday, the Supreme Court issued its highly anticipated ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, holding that the generic nature of an alleged misrepresentation may be important evidence of...more

Alston & Bird

Supreme Court Vacates Class Certification in Goldman Suit

Alston & Bird on

Our Securities Litigation Group examines this week’s U.S. Supreme Court decision to vacate a shareholder class action against Goldman Sachs and send it back to a lower court for a closer look at whether alleged misstatements...more

Dorsey & Whitney LLP

Not so Fast in Certifying Class: Supreme Court Holds That Courts Must Consider Generality of Alleged Misstatements in Deciding...

Dorsey & Whitney LLP on

Yesterday, the Supreme Court issued its much-anticipated decision in Goldman Sachs v. Arkansas Teacher Retirement System, Case No. 20-222. But because there was not much “daylight” left between the parties’ arguments by the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Clarifies Basic Presumption Burden and Holds Courts Should Consider All Price Impact Evidence

On June 21, 2021, the U.S. Supreme Court held in Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System, No. 20-222 (2021), that courts may consider at the class certification stage the generic nature of alleged...more

Mayer Brown Free Writings + Perspectives

Supreme Court clarifies that in securities-fraud class actions, courts should consider whether the alleged misrepresentation was...

Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, No. 20-222 - Today, the Supreme Court held that in a securities-fraud class action, the district court should consider whether the alleged misrepresentation...more

Stinson - Corporate & Securities Law Blog

Supreme Court Holds Generic Nature of Statements Must Be Considered When Granting Class Certification in Securities Litigation

The Supreme Court issued its decision in Goldman Sachs Group, Inc., et al. v. Arkansas Teacher Retirement System, et al. The case analyzes what the Defendants considered were generic statements that did not have a price...more

Cadwalader, Wickersham & Taft LLP

Supreme Court to Weigh in on Presumption of Reliance in Securities Class Actions: Goldman Sachs v. Arkansas Teacher Retirement...

On March 29, the United States Supreme Court heard oral argument in Goldman Sachs Group, Inc., et al. v. Arkansas Teacher Retirement System, et al., No. 20-222. The closely-watched case raises a host of important issues...more

Perkins Coie

Goldman Sachs Fights to Level the Playing Field in the Securities Class Action Wars

Perkins Coie on

On March 29, the U.S. Supreme Court will hear oral argument in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, No. 20-222, a case that revisits the critical issue of how a securities class action defendant...more

Farrell Fritz, P.C.

Corporate Tax Hike On The Horizon: Using Reasonable Compensation To Withdraw Value

Farrell Fritz, P.C. on

Corporate Rate Increase? We begin this week with the Senate having passed the President’s $1.9 trillion coronavirus relief and economic stimulus plan (the “American Rescue Plan” following a marathon session during which...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide