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Private Right of Action Material Misstatements

Carlton Fields

Emulex Cert Dismissed: Supreme Court Passes on Opportunity to Curtail Federal Court Merger Litigation

Carlton Fields on

Emulex Corp. v. Varjabedian, No. 18-459 (U.S. Apr. 23, 2019) - On April 23, 2019, the U.S. Supreme Court dismissed a writ of certiorari that could have decided whether investors may sue public companies alleged to have...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: 2018-19 Supreme Court Update

Much of the attention on the U.S. Supreme Court in the 2018-19 term has concerned its composition or its handling of cases involving some of the signature initiatives of President Donald Trump’s administration. Less noticed...more

Dorsey & Whitney LLP

The Supreme Court - January 7, 2019

Dorsey & Whitney LLP on

On Friday afternoon, January 4, 2019, the Supreme Court of the United States agreed to hear the following six cases: Emulex Corp. v. Varjabedian, No. 18-459: Whether the Ninth Circuit correctly held, in express...more

Allen Matkins

With Respect To Scienter, The Ninth Circuit Walks By Its Wild Lone

Allen Matkins on

Although the United States Supreme Court has never directly addressed the issue, many lower courts have inferred that a private right action exists under Section 14(e) of the Exchange Act. That may not come of much a...more

K&L Gates LLP

Supreme Court’s Omnicare Decision Muddies Section 11 Opinion Liability Standards

K&L Gates LLP on

The Supreme Court has a long history of rejecting expansive interpretations of implied private rights of action under Section 10(b) of the Securities Exchange Act. Most notably, since 1975, it rejected the argument that mere...more

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