Last week, the United States Supreme Court granted certiorari in NVIDIA Corp. v. E. Ohman J:Or Fonder AB., Case No. 23-970, to address two fundamental questions about how federal securities fraud cases must be pled to survive...more
6/25/2024
/ Appeals ,
Certiorari ,
Fraud ,
Motion to Dismiss ,
NVIDIA ,
Nvidia Corp v E Ohman J or Fonder AB ,
Pleading Standards ,
PSLRA ,
Scienter ,
SCOTUS ,
Securities Exchange Act of 1934 ,
Securities Fraud
Recent developments in the Court of Chancery concerning a corporate board’s duty to monitor and provide oversight over a corporation’s operations, so-called Caremark claims, are likely to intersect with the Securities and...more
12/19/2022
/ Caremark claim ,
Climate Change ,
Corporate Governance ,
DE Supreme Court ,
Disclosure Requirements ,
Discovery ,
Duty to Monitor ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Motion to Dismiss ,
Proposed Rules ,
Reporting Requirements ,
Risk Mitigation ,
Securities and Exchange Commission (SEC)
It is not uncommon for various government agencies and offices to investigate the same company, particularly following a major scandal. We have grown accustomed to seeing simultaneous investigations by the U.S. Department of...more
On May 28, 2020, Judge Lorna G. Schofield of the United Stated District Court for the Southern District of New York issued her Opinion and Order in Allianz Global Inv’rs GMBH v. Bank of Am. Corp., No. 18 Civ. 10364 (LGS),...more
In Khoja v. Orexigen Therapeutics, Inc., the Ninth Circuit clarified the “rare circumstances” when a court may review documents extraneous to the pleadings in ruling on a motion to dismiss. Given that it has become routine...more