Northern District of California Dismisses Traders’ Suit Against Bitmex Crypto Exchange with Prejudice; Delaware Supreme Court Upholds Chancery Court Ruling That Stockholder Appraisal Rights Can Be Waived by Contract;...more
9/22/2021
/ Appraisal Rights ,
Article III ,
Civil Monetary Penalty ,
Cryptocurrency ,
DE Supreme Court ,
Delaware General Corporation Law ,
Derivatives ,
Dismissal With Prejudice ,
Material Misrepresentation ,
Rule 10b-5 ,
Section 262 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Transactions ,
Securities Violations ,
Settlement ,
Shareholder Rights ,
Standing ,
Stockholder Agreements ,
Waiver of Rights
SEC Settles First-Of-Its-Kind $13m DeFi Tech Action; NASDAQ Board Diversity Rules Challenged in Fifth Circuit; Delaware Court of Chancery Declines to Enforce Contractual Limitations on Liability to Bar Contractual Fraud...more
8/26/2021
/ Aiding and Abetting ,
Blockchain ,
Board of Directors ,
Civil Conspiracy ,
Constitutional Challenges ,
Contract Disputes ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Diversity ,
Enforcement Actions ,
Fifth Amendment ,
Fraudulent Inducement ,
Investment Companies ,
Investors ,
Misrepresentation ,
Nasdaq ,
Petition for Review ,
Popular ,
Publicly-Traded Companies ,
Purchase Agreement ,
Representations and Warranties ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Violations ,
Settlement ,
Smart Contracts ,
Token Sales ,
Unjust Enrichment ,
Unregistered Securities
Delaware Court of Chancery Awards Attorneys’ Fees After Gilead’s “Glaringly Egregious” Litigation Conduct; S.D.N.Y Grants Plaintiffs’ Partial Summary Judgment in Securities Class Action Against Perrigo; SPAC Investors Launch...more
7/29/2021
/ Acquisitions ,
Attorney's Fees ,
Board of Directors ,
Books & Records ,
Class Action ,
Delaware General Corporation Law ,
Dismissals ,
Failure To Disclose ,
Failure To State A Claim ,
False Statements ,
Information Requests ,
Initial Public Offering (IPO) ,
Investors ,
Misleading Statements ,
Misrepresentation ,
Omissions ,
Partial Summary Judgments ,
Publicly-Traded Companies ,
Putative Class Actions ,
Section 220 Request ,
Securities Act of 1933 ,
Securities Exchange Act of 1934 ,
Securities Litigation ,
Securities Violations ,
Shareholders ,
Short Selling ,
Special Purpose Acquisition Companies (SPACs)
SCOTUS Vacates Class Certification In Suit Against Goldman Sachs And Clarifies Appropriate Scope Of Price Impact Evidence; Stockholders Strike $110 Million Settlement In Suit Alleging Breaches Of Fiduciary Duties By Former...more
7/27/2021
/ Acquisitions ,
Aiding and Abetting ,
Anti-Fraud Provisions ,
Anti-Money Laundering ,
Arkansas Teacher Retirement System v Goldman Sachs Group ,
Bank Secrecy Act ,
Basic v Levinson ,
Board of Directors ,
Breach of Duty ,
Burden of Persuasion ,
Burden of Proof ,
Certiorari ,
Class Action ,
Class Certification ,
Conflicts of Interest ,
Controlling Stockholders ,
Cybersecurity ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Dismissals ,
Failure To Disclose ,
Fiduciary Duty ,
Goldman Sachs ,
Investors ,
Mergers ,
Moneygram ,
Presumption of Reliance ,
Reversal ,
SCOTUS ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Shareholders ,
Vacated ,
Wire Fraud
On June 17, 2021, the Connecticut General Assembly voted to approve the Responsible & Equitable Regulation of Adult-Use Cannabis Act (the “Act”). With Governor Ned Lamont’s signature expected today, Connecticut will become...more
6/22/2021
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Criminal Justice Reform ,
Decriminalization of Marijuana ,
Dispensaries ,
License Fees ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Recreational Use ,
Sales Tax ,
Social Equity Programs ,
State Taxes
Federal Reserve Hints at Government-Backed Cryptocurrency; Third Circuit Affirms Dismissal of Securities Fraud Class Action Against Shutterfly Inc. Regarding Allegedly Misleading Financial Projections; Ninth Circuit Holds...more
6/4/2021
/ Cease and Desist Orders ,
Class Action ,
Corporations Code ,
Cryptocurrency ,
Digital Currency ,
Dismissal With Prejudice ,
Dismissals ,
Federal Reserve ,
Federal Rules of Civil Procedure ,
Investors ,
Judicial Notice ,
Loss Causation ,
Misleading Statements ,
Pleading Standards ,
Private Securities Litigation Reform Act of 1995 ,
Proxy Statements ,
Putative Class Actions ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Shareholders ,
Shutterfly ,
Uber
Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more
5/5/2021
/ Abuse of Discretion ,
Best Execution ,
Bribery ,
Class Action ,
Class Certification ,
Class Members ,
Corporate Counsel ,
Dismissal With Prejudice ,
Dismissals ,
Duty to Disclose ,
Evidence ,
Exelon Generation ,
False Statements ,
FRCP 23(b)(3) ,
Investors ,
Lobbying ,
Material Misrepresentation ,
Mergers ,
Misleading Statements ,
Motion to Dismiss ,
Negligence ,
Omissions ,
Papa Murphys ,
Private Right of Action ,
Proxy Statements ,
PSLRA ,
Putative Class Actions ,
Remand ,
Retail Investors ,
Reversal ,
Rule 10(b) ,
Rule 10b-5 ,
Scienter ,
Securities Exchange Act of 1934 ,
Securities Litigation ,
Securities Violations ,
TD Ameritrade
Biogen Inc. Wins Some, Loses Some, In Delaware Chancery Court Corporate Records Suit; Southern District of Florida Dismisses Securities Fraud Class Action Against Norwegian Cruise Lines Stemming From Alleged Impacts of...more
4/23/2021
/ Anti-Kickback Statute ,
Banking Sector ,
Bitcoin ,
Books & Records ,
Class Action ,
Coronavirus/COVID-19 ,
Corporate Records ,
Criminal Prosecution ,
Cryptocurrency ,
Delaware General Corporation Law ,
Discovery ,
Dismissals ,
Duty to Correct ,
Duty to Disclose ,
Enforcement Actions ,
Ether ,
False Statements ,
Federal Prosecutors ,
Government Investigations ,
Investment Banks ,
Investors ,
Meeting Minutes ,
Misleading Statements ,
Motion to Compel ,
Policies and Procedures ,
PSLRA ,
Putative Class Actions ,
Scienter ,
Section 220 Request ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Stock Prices
Federal Judge Dismisses Facebook Investor Class Action Based on Board Diversity, Virginia Federal Judge Denies Motion to Dismiss Claims that Altria Knew JUUL Was Marketing to Underage Consumers, SEC Brings Claims Against AT&T...more
3/24/2021
/ Advertising to Minors ,
AT&T ,
Board of Directors ,
Class Action ,
Dismissals ,
Diversity ,
Facebook ,
Fiduciary Duty ,
Investors ,
Motion to Dismiss ,
Putative Class Actions ,
Regulation FD ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
SLUSA
Rhode Island Federal Court Dismisses Securities Class Action Against CVS Arising From Statements Made After Omnicare Acquisition; SEC Division of Corporation Finance Suggests Companies Issue Additional Disclosures When...more
3/3/2021
/ Acquisitions ,
Asset Purchase Agreements ,
Board of Directors ,
Breach of Contract ,
Breach of Duty ,
Buyers ,
Capital Raising ,
Cardinal Health ,
Class Action ,
Closing Documents ,
CVS ,
Derivative Suit ,
Disclosure Requirements ,
Dismissals ,
Division of Corporate Finance ,
Enforcement Actions ,
Fiduciary Duty ,
Investors ,
Market Volatility ,
Mergers ,
Mismanagement ,
Motion To Strike ,
Omnicare ,
Opioid ,
Purchase Price Adjustment ,
Putative Class Actions ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Unclean Hands ,
Volkswagen
On February 22, 2021, New Jersey Governor Phil Murphy signed three separate bills (A21, A1897 and A5342) legalizing adult-use cannabis and creating a regulated adult-use cannabis market in New Jersey. The governor signed the...more
2/24/2021
/ Cannabis-Related Businesses (CRBs) ,
Criminal Justice Reform ,
Decriminalization of Marijuana ,
Dispensaries ,
Governor Murphy ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Recreational Use
On February 8, 2021, South Dakota Circuit Court Judge Christina Klinger struck down Amendment A, the constitutional amendment legalizing adult-use cannabis that was approved by state voters at the ballot box this past...more
Last Friday, on January 22 — less than three months after voters approved Proposition 207 legalizing recreational marijuana — the Arizona Department of Health Services (“ADHS”) opened the state to recreational cannabis sales....more
In First Ever SEC Sanction for Allegedly Misleading COVID Related Disclosures, Cheesecake Factory Pays $125,000 Civil Penalty; New York State Appellate Court Dismisses Putative Securities Act Class Action on Merits for First...more
12/17/2020
/ Civil Monetary Penalty ,
Class Action ,
Consent Decrees ,
Coronavirus/COVID-19 ,
Dismissals ,
Form 8-K ,
Initial Public Offering (IPO) ,
Material Misstatements ,
Putative Class Actions ,
Sanctions ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
Summary Judgment ,
Unregistered Securities
Ninth Circuit Holds Loss Causation May Be Predicated on Information Potentially Available Under Freedom of Information Act; D.C. Circuit Upholds FINRA’s Permanent Ban of Broker Accused of Misconduct After Finding SCOTUS...more
11/20/2020
/ Aiding and Abetting ,
Banks ,
Breach of Duty ,
Broker-Dealer ,
Class Action ,
Dismissals ,
Enforcement Actions ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
FOIA ,
Fraud ,
Investors ,
Loss Causation ,
Money Laundering ,
Petition for Review ,
Ponzi Scheme ,
Public Disclosure ,
Putative Class Actions ,
Reversal ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Violations ,
Shareholders ,
Unjust Enrichment ,
Whistleblowers
It was a Green Wave on election night, with every cannabis-related legalization measure on the ballot passing, some by surprisingly large margins of victory. As a result of the November 2020 election, the number of states...more
11/5/2020
/ Ballot Measures ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Dispensaries ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Recreational Use ,
Sales Tax ,
State and Local Government ,
State Taxes ,
Tax Rates
SEC Greenlights NYSE Proposal Modifying Direct Listings; SEC Expands Definition of Accredited Investor; SDNY Court Permits Trial To Proceed Against Former Lead Trader at Nomura Securities International; Delaware Chancery...more
9/14/2020
/ Accredited Investors ,
Amended Rules ,
Blockchain ,
Cryptocurrency ,
Direct Listing ,
Initial Public Offering (IPO) ,
Investment Opportunities ,
Investors ,
NYSE ,
Popular ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Traders ,
Unregistered Securities
Just recently, Connecticut’s two federally recognized tribes released a letter from the Interior Department, their latest salvo in a struggle with MGM Resorts International over a new casino in the state. The letter has the...more
For the Wampanoag Tribe of Gay Head (Aquinnah), time may have finally run out on their continued efforts to operate a gaming facility on Martha’s Vineyard. Tomorrow, the United States Court of Appeals for the First Circuit,...more