On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York dismissed a putative securities class action against CarLotz, Inc. (CarLotz), and certain of its officers and directors on the grounds...more
5/26/2023
/ Board of Directors ,
Class Action ,
Conflicts of Interest ,
Corporate Officers ,
Cryptocurrency ,
False Statements ,
Fraud ,
Initial Public Offering (IPO) ,
Misleading Statements ,
Pump and Dump ,
Putative Class Actions ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs) ,
Standing ,
Statute of Limitations
In an opinion entered in the case on January 3, 2023, U.S. District Judge Raag Singhal of the Southern District of Florida dismissed with prejudice a putative securities class action complaint against Citrix Systems, Inc....more
1/18/2023
/ 10b5-1 Plans ,
Business Model ,
Corporate Officers ,
Derivative Suit ,
Dismissals ,
False Statements ,
Opioid ,
Putative Class Actions ,
Regulation S-K ,
Rule 10(b) ,
Scienter ,
Securities Litigation ,
Shareholder Litigation ,
Shareholders ,
Stock Prices
On September 27, 2022, U.S. District Judge Kevin McNulty of the District of New Jersey dismissed a consolidated derivative action allegedly brought on behalf of Cognizant Technology Solutions Corporation against certain...more
11/3/2022
/ Administrative Hearings ,
Caremark claim ,
Class Action ,
Compliance ,
Constitutional Challenges ,
Cooperation ,
Department of Justice (DOJ) ,
Derivative Suit ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Litigation ,
Shareholder Litigation ,
Shareholders
On July 25, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced insider trading charges against ten individual defendants across four separate cases (Bhardwaj, Goel, Markin, and Buyer), filed in the...more
8/11/2022
/ Analytics ,
Apple ,
Attorney-Client Privilege ,
Certificates of Incorporation ,
Corporate Governance ,
Criminal Prosecution ,
Discovery Disputes ,
Enforcement Actions ,
Illegal Tipping ,
Insider Trading ,
Internal Communications ,
Material Nonpublic Information ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Share Classes ,
Shareholder Litigation
On June 3, 2022, the Delaware Court of Chancery dismissed the final two counts in an action against California biotech firm Vaxart, Inc., finding that plaintiffs failed to adequately allege that certain non-public information...more
6/16/2022
/ Amazon ,
Books & Records ,
Class Action ,
Class Certification ,
Dismissals ,
Fraud-on-the-Market ,
Incentive Compensation ,
Leave to Amend ,
Material Nonpublic Information ,
Pharmaceutical Industry ,
Rebuttable Presumptions ,
Securities Fraud ,
Shareholder Rights ,
Shareholders ,
Stock Prices ,
Vaccinations
SEC Proposes Rule Amendments Requiring Climate-Related Disclosures; Southern District of New York Dismisses Securities Fraud Claims Against U.S. Stock Exchanges for Lack of Standing; Southern District of New York Dismisses...more
4/6/2022
/ Article III ,
Climate Change ,
Comment Period ,
Disclosure Requirements ,
Dismissals ,
Environmental Social & Governance (ESG) ,
Investors ,
Proposed Rules ,
Public Comment ,
Putative Class Actions ,
Sarbanes-Oxley ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Standing ,
Stock Exchange
Delaware Chancery Court Dismisses Derivative Claim for Failure to Show Demand Futility; Federal Illegality of Marijuana Industry Bars Relief for Numerous Investor Claims; LIBOR Convictions of Former Deutsche Bank Traders...more
2/9/2022
/ Bank Fraud ,
Banking Sector ,
Board of Directors ,
Breach of Duty ,
Business Judgment Rule ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Corwin Doctrine ,
Demand Futility ,
Derivative Suit ,
Dismissal With Prejudice ,
Dismissals ,
Fiduciary Duty ,
Investors ,
Libor ,
Marijuana Related Businesses ,
Reversal ,
Securities Violations ,
Wire Fraud
Delaware Court of Chancery Declines to Dismiss Investment Firm from Stockholder Derivative Suit; Delaware Chancery Court Dismisses Majority of Claims Alleging that California Biotech Firm Profited from Nonpublic Information...more
12/23/2021
/ Aiding and Abetting ,
Bad Faith ,
Biotechnology ,
Board of Directors ,
Breach of Duty ,
Class Action ,
Conflicts of Interest ,
Coronavirus/COVID-19 ,
Derivative Suit ,
Dismissals ,
False Statements ,
Fiduciary Duty ,
Investment Firms ,
Investors ,
Misleading Statements ,
Motion to Dismiss ,
Non-Public Information ,
Proxy Statements ,
Publicly-Traded Companies ,
Scienter ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Violations ,
Shareholders ,
Stock Prices ,
Unjust Enrichment ,
Vaccinations
Ninth Circuit Holds that Purchasers of Unregistered Shares in Slack’s Direct Listing May Bring Securities Act Claims; Small Class of Crypto Purchasers Recommended for Certification; Tether to Pay $41 Million to Settle...more
11/18/2021
/ Cease and Desist ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Cryptocurrency ,
Direct Listing ,
Disgorgement ,
Enforcement Actions ,
Investors ,
Mergers ,
Music Streaming ,
Putative Class Actions ,
Section 11 ,
Securities Act of 1933 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Settlement Agreements ,
Slack ,
Stablecoins ,
Standing ,
Unregistered Securities ,
Virtual Currency
On November 9, 2020, the Federal Trade Commission (“FTC”) announced a settlement with Zoom Video Communications, Inc. (“Zoom”) to resolve allegations that the company misled customers about steps it had taken to protect...more
11/18/2020
/ Consent Agreements ,
Consent Order ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Encryption ,
Federal Trade Commission (FTC) ,
Misrepresentation ,
Settlement ,
Videoconference ,
Virtual Meetings ,
Zoom®
The federal False Claims Act (FCA) has long been a powerful tool for the U.S. Department of Justice (DOJ) — or private whistleblowers bringing suit on the DOJ’s behalf — to investigate and police activity financed with...more
7/2/2020
/ CARES Act ,
Colleges ,
Department of Justice (DOJ) ,
Educational Institutions ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Funding ,
Federal Grants ,
Financial Aid ,
Government Investigations ,
Research Funding ,
Risk Mitigation ,
Universities ,
Whistleblowers