Chuck Smith at Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - April 2020

This issue includes summaries and associated court opinions of selected cases principally decided between October 2019 and January 2020. ...more

4/6/2020 / Aiding and Abetting , Books & Records , Breach of Duty , Bylaws , CEOs , Civil Liability , Collateral Estoppel , Criminal Convictions , DE Supreme Court , Demand Futility , Derivative Suit , Dismissals , Enforcement Actions , Exchange-Traded Products , False Statements , Federal Pleading Requirements , Fiduciary Duty , Initial Public Offering (IPO) , Injunctions , Investment Adviser , Item 303 , Lack of Particularity , Mergers , Misleading Statements , Misrepresentation , Notice Requirements , Price-Fixing , PSLRA , Pyramid Schemes , Registration Statement , RICO , Scienter , Scope of Discovery Requests , Section 11 , Section 220 Request , Securities and Exchange Commission (SEC) , Securities Exchange Act , Securities Fraud , Securities Litigation , Securities Violations , Shareholder Litigation , Shareholder Votes , Summary Judgment

Inside the Courts – An Update From Skadden Securities Litigators - November 2019

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between August and October 2019. The cases address developing trends in the definition of a security, fiduciary...more

11/27/2019 / Appeals , Criminal Convictions , Fiduciary Duty , Investment Company Act of 1940 , Loss Causation , Material Misrepresentation , Materiality , Omissions , Pleading Standards , Scienter , Securities , Securities Exchange Act , Securities Fraud , Securities Litigation , SLUSA

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

10/3/2019 / Anti-Money Laundering , Appeals , Blocking Statutes , Bribery , CFTC , China , CLOUD Act , Communication Restrictions , Compliance , Conspiracies , Cooperation Agreement , Crime (Overseas Production Orders) Act 2019 (the COPO Act) , Criminal Prosecution , Cross-Border Transactions , Cryptocurrency , Cybersecurity , Deferred Prosecution Agreements , Denial of Certiorari , Department of Justice (DOJ) , Deutsche Bank , Disclosure , Dodd-Frank , Economic Sanctions , Enforcement Actions , EU , EURIBOR , Exports , Extradition , Extraterritoriality Rules , Financial Conduct Authority (FCA) , Financial Records , Foreign Corrupt Practices Act (FCPA) , Foreign Exchanges , France , Fraud , General Data Protection Regulation (GDPR) , Government Investigations , Hackers , Hungary , Imports , India , Indictments , Information Sharing , Iran Sanctions , Israel , Lithuania , Money Laundering , Morrison v National Australia Bank , Multinationals , Office of Foreign Assets Control (OFAC) , Opioid , Pharmaceutical Industry , Popular , Rate-Rigging , SCOTUS , Securities and Exchange Commission (SEC) , Serious Fraud Office (SFO) , Spoofing , Subpoenas , Swiss Supreme Court , Switzerland , Tax Crimes , Tax Evasion , Tax Treaty , Turkey , UK , United States , Venezuela , Wal-Mart

Inside the Courts – An Update From Skadden Securities Litigators - September 2019

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between May and August 2019....more

Inside the Courts – An Update From Skadden Securities Litigators - June 2019

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February and April 2019. ...more

6/12/2019 / Acquisitions , Appraisal Rights , Breach of Duty , Fiduciary Duty , Investment Advisers Act of 1940 , Material Misrepresentation , Materiality , Mergers , Omissions , Omnicare , Pleading Standards , Popular , Sarbanes-Oxley , Scienter , Securities , Securities Exchange Act , Securities Litigation , Suspicious Activity Reports (SARs)

SEC Guidance on Auditor Independence Limited, Presenting Opportunity for Clarity

In remarks made in December 2018, the Securities and Exchange Commission’s (SEC) Chief Accountant Wesley Bricker reaffirmed that auditor independence remains one of the SEC’s areas of focus. Consultations with the SEC about...more

4/24/2019 / AICPA , Auditor Independence , Auditors , Audits , Financial Statements , New Guidance , PCAOB , Publicly-Traded Companies , Securities and Exchange Commission (SEC) , Securities Violations

Inside the Courts – An Update From Skadden Securities Litigators - March 2019

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between December 2018 and February 2019....more

Cross-Border Investigations Update - January 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more

1/7/2019 / Anti-Bribery , Anti-Corruption , Anti-Money Laundering , Appeals , Attorney-Client Privilege , Brazil , Bribery , BSA/AML , China , Corporate Counsel , Criminal Conspiracy , Criminal Convictions , Criminal Investigations , Cross-Border , Cryptocurrency , Cyber Attacks , Cybersecurity , Data Privacy , Data Protection Acts , Department of Justice (DOJ) , Enforcement Actions , EU , Exports , Extraterritoriality Rules , FATCA , Financial Crimes , Foreign Corrupt Practices Act (FCPA) , Forex , France , Government Investigations , Guilty Pleas , Hackers , Imports , International Litigation , Iran , Legal Professional Privilege , Libor , Litigation Privilege , Market Manipulation , Money Laundering , Multi-Jurisdictional Litigation , Multinationals , NYDFS , Privileged Communication , Russia , Sanction Violations , Securities and Exchange Commission (SEC) , Securities Fraud , SFO , Spoofing , Tax Fraud , Traders , UK , Unexplained Wealth Orders (UWOs) , United Arab Emirates (UAE) , Yates Memorandum

Inside the Courts – An Update From Skadden Securities Litigators - December 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more

12/7/2018 / Acquisitions , Administrative Law Judge (ALJ) , Aiding and Abetting , Appointments Clause , Breach of Duty , Claim Preclusion , Class Action , Constitutional Challenges , Controlling Stockholders , Damages , Dismissals , Enforcement Actions , Extraterritoriality Rules , Fiduciary Duty , Financial Institutions , General Partnerships , Initial Coin Offering (ICOs) , Investment Funds , Jurisdiction , Lucia v SEC , Material Adverse Effects , Material Misrepresentation , Merger Agreements , Mergers , MFW , Misrepresentation , Pleading Standards , Popular , Proxy Solicitations , PSLRA , Rule 10(b) , Scienter , Section 11 , Securities , Securities Act , Securities and Exchange Commission (SEC) , Securities Exchange Act , Securities Fraud , Securities Litigation , Shareholder Litigation , SLUSA , Squeeze-Out Mergers

SEC Enforcement Division Issues Annual Report: Increase in Enforcement Actions and Focus on Main Street and Cyber-Related Fraud

On November 2, 2018, the U.S. Securities and Exchange Commission (the SEC or Commission) Division of Enforcement (the Division) released its annual report discussing enforcement-related actions and key initiatives (the...more

11/8/2018 / Annual Reports , Civil Monetary Penalty , Cyber Crimes , Cybersecurity , Disclosure Requirements , Disgorgement , Enforcement Actions , Fraud , Investor Protection , OCIE , Offering Fraud , Popular , Retail Investors , Securities and Exchange Commission (SEC) , Share Class Structures

Inside the Courts – An Update From Skadden Securities Litigators - September 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between May 2018 and August 2018.... US Supreme Court - Supreme Court Holds That SEC Administrative Law Judges...more

Cross-Border Investigations Update

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including the use of legal holds in cross-border investigations,...more

Inside the Courts – An Update From Skadden Securities Litigators - June 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2018 and May 2018. ...more

Inside the Courts – An Update From Skadden Securities Litigators - March 2018/ Volume 10 / Issue 1

This quarter's issue includes summaries and associated court opinions of selected cases principally decided between November 2017 and January 2018. The cases address developing trends in appraisal, class certification, core...more

3/27/2018 / Acquisitions , Appraisal , Books & Records , Breach of Duty , Business Judgment Rule , Buyouts , CEOs , Claim Preclusion , Class Action , Class Certification , Controlling Stockholders , Core Operations Doctrine , Corwin Doctrine , DE Supreme Court , Delaware General Corporation Law , Dell , Demand Futility , Derivative Suit , Director Compensation , Entire Fairness Standard , Federal Trade Commission (FTC) , Fiduciary Duty , Fraud-on-the-Market , FRCP 9(b) , High-Speed Trading , Loss Causation , Material Misrepresentation , Mergers , Motion to Amend , Petrobras , Pharmaceutical Industry , Pleading Standards , Preponderance of the Evidence , Presumption of Reliance , Proximate Cause , PSLRA , Ratification , Rebuttable Presumptions , Rule 10(b) , Rule 10b-5 , Scienter , Section 220 Request , Securities Exchange Act , Securities Fraud , Securities Litigation , SRO , Stock Drop Litigation

Inside the Courts – An Update From Skadden Securities Litigators - September 2017/ Volume 9 / Issue 3

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between May 2017 and August 2017....more

9/28/2017 / Acquisitions , Appraisal , CalPERS , CalPERS v ANZ Securities , Equitable Tolling , Fiduciary Duty , Insider Trading , Investment Company Act of 1940 , Materiality , Mergers , PLSRA , Scienter , SCOTUS , Securities Exchange Act , Securities Fraud , Standing , Statute of Limitations

Anti-Corruption Diligence in the M&A Context

A successful merger or acquisition requires careful consideration of many components and diligence in a number of specialties. Corruption issues, generally, and the global reach of the Foreign Corrupt Practices Act and the...more

6/20/2017 / Acquisitions , Anti-Corruption , Due Diligence , Foreign Corrupt Practices Act (FCPA) , Mergers , Risk Assessment , Risk Mitigation

Inside the Courts – An Update From Skadden Securities - June 2017

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2017 and April 2017. The cases address developing trends in class actions, ERISA, fiduciary duties,...more

Inside the Courts: An Update From Skadden Securities Litigators - November 2015 / Volume 7 / Issue 4

We are pleased to present Inside the Courts (Volume 7, Issue 4), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more

11/19/2015 / Auction , Breach of Duty , Class Action , Employee Retirement Income Security Act (ERISA) , Fiduciary Duty , Fraud-on-the-Market , Market Manipulation , Misrepresentation , Pleading Standards , Scienter , Securities Fraud , Securities Litigation , Standing , Statute of Limitations , Statute of Repose , Venue , Whistleblower Protection Policies

Inside the Courts: An Update From Skadden Securities Litigators - September 2015 / Volume 7 / Issue 3

This issue of Inside the Courts, Skadden’s securities litigation newsletter, includes summaries and associated court opinions of selected cases principally decided between May 2015 and August 2015. The cases address...more

"Inside the Courts: Sweeping Changes Proposed to the Federal Rules of Civil Procedure"

Significant amendments to the Federal Rules of Civil Procedure submitted to Congress in April 2015 could change discovery practices in securities litigation before the end of this year. Absent legislation to reject, modify or...more

10/2/2015 / Case Management , Discovery , Duty to Preserve , Electronically Stored Information , Federal Rules of Civil Procedure , FRCP 26(b)(1) , New Legislation , Scope of Discovery Requests , Securities Litigation

Inside the Courts - An Update From Skadden Securities Litigators - May 2015 / Volume 7 / Issue 2

In This Issue: - U.S. Supreme Court: ..Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund, 135 S. Ct. 1318 (4th Cir. Mar. 16, 2015) - Auditor Liability: ..In re Advanced Battery Techs.,...more

6/2/2015 / Auditors , Books & Records , CAFA , Class Action , Class Certification , Derivative Suit , Fiduciary Duty , Justifiable Reliance , Misrepresentation , Omissions , Pleading Standards , Scienter , SCOTUS , Securities Fraud , Settlement , Statute of Limitations , Statute of Repose , Whistleblowers

"SEC Enforces Whistleblower Protection Rule Against Restrictive Confidentiality Agreement"

On April 1, 2015, the U.S. Securities and Exchange Commission (SEC) announced its first enforcement action against a company for a restrictive provision in confidentiality agreements that could deter employees from using the...more

4/7/2015 / Cease and Desist Orders , Confidentiality Agreements , Dodd-Frank , Enforcement Actions , Internal Investigations , KBR (formerly Kellogg Brown & Root) , Securities and Exchange Commission (SEC) , Whistleblower Protection Policies

"Omnicare Decision Clarifies Pleading Standard for Section 11 Claims Based on Statements of Opinion in Registration Statements"

In an opinion issued yesterday, the U.S. Supreme Court held in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund that an issuer may be held liable under Section 11 of the Securities Act of 1933...more

3/25/2015 / Disclosure , Material Disclosures , Misleading Statements , Omnicare , Pleading Standards , Registration Statement , SCOTUS , Section 11 , Securities Fraud , Securities Litigation , Statement of Opinion

Inside The Courts - March 2015 | Volume 7 | Issue 1

In This Issue: - U.S. SUPREME COURT: ..Gelboim v. Bank of Am. Corp., No. 13-1174 (U.S. Jan. 21, 2015) - DEMAND FUTILITY: ..Arduini v. Hart, No. 12-15750 (9th Cir. Dec. 17, 2014) - EXCHANGE...more

3/5/2015 / Demand Futility , Fiduciary Duty , Gelboim v Bank of America , Insider Trading , Rule 10b-5 , SCOTUS , Standing , Tender Offers , Whistleblower Protection Policies , Whistleblowers

Inside The Courts - November 2014 | Volume 6 | Issue 4

In This Issue: CLASS CERTIFICATION: Fort Worth Emps. Ret. Fund v. J.P. Morgan Chase & Co., No. 09-cv-3701 (JPO) (S.D.N.Y. Sept. 30, 2014) Discovery: ..Freedman v. Weatherford Int’l Ltd., No. 12...more

11/19/2014 / Books & Records , Class Action , Class Certification , Fiduciary Duty , Investment Company Act of 1940 , JPMorgan Chase , Loss Causation , Omnicare , Scienter , Securities Act of 1933 , Securities Exchange Act , Standing , Statute of Limitations , Statute of Repose , Zillow

Chuck Smith

Skadden, Arps, Slate, Meagher & Flom LLP

Popular Topics by This Author

Latest Publications