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
Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K...more
4/17/2024
/ Certiorari ,
Investors ,
Item 303 ,
Liability ,
Macquarie Infrastructure Corp v Moab Partners LP ,
Omissions ,
Regulation S-K ,
Rule 10b-5 ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Vacated
The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more
10/30/2023
/ Affirmative Action ,
Antiboycott Requirements ,
Boycotts ,
CFTC ,
Climate Change ,
Corporate Governance ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Greenwashing ,
Net Zero ,
New Regulations ,
Rulemaking Process ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
State and Local Government ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
Last week, the U.S. Supreme Court solidified the “tracing” requirement for private plaintiffs to be able to assert Section 11 claims pursuant to the Securities Act of 1933, holding that plaintiffs asserting such securities...more
Last week, the U.S. Supreme Court paved a path for petitioners to assert constitutional challenges to the structure of U.S. Securities and Exchange Commission (“SEC”) and U.S. Federal Trade Commission (“FTC”) administrative...more
Crypto litigation, fueled by a surge of investors and market volatility, has ballooned in recent years. For example, numerous securities class actions and government subpoenas followed the May 2022 collapse of the $60 billion...more
11/21/2022
/ CFTC ,
Class Action ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Howey ,
Investors ,
SCOTUS ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Subpoenas
In 2017, courts across this country were split on whether plaintiffs could assert a class action alleging claims under the Securities Act of 1933 (which provides a private right of action against issuers and others for...more
1/18/2019
/ Bylaws ,
Corporate Governance ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Delaware General Corporation Law ,
Forum Selection ,
Initial Public Offering (IPO) ,
Jurisdiction ,
SCOTUS ,
Securities Act of 1933 ,
Securities Litigation ,
Shareholder Litigation
In a recent ruling in In re: BP p.l.c. Securities Litigation the United States District Court for the Southern District of Texas dismissed claims asserted by opt-out plaintiffs as time barred by the Exchange Act’s statute of...more
10/10/2018
/ American Pipe & Construction Co. v. Utah ,
CalPERS v ANZ Securities ,
Class Action ,
Equitable Tolling ,
Institutional Investors ,
Opt-Outs ,
SCOTUS ,
Securities Act of 1933 ,
Securities Litigation ,
Statute of Limitations ,
Statute of Repose