In the Traffic Monsoon litigation, the U.S. Court of Appeals for the Tenth Circuit held that the enforcement provisions of the Securities Act and the Exchange Act reach Traffic Monsoon’s sales to customers outside of the...more
5/8/2019
/ Cross-Border Transactions ,
Dodd-Frank ,
Enforcement Actions ,
Extraterritoriality Rules ,
Morrison v National Australia Bank ,
Rule 10(b) ,
Rule 10b-5 ,
SCOTUS ,
Securities ,
Securities Act of 1933 ,
Securities Exchange Act
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
This case stems from alleged misstatement made by Volkswagen Group of America Finance (“VWGoAF”) in an Offering Memorandum governing the issuance of three sets of bonds. The bonds were offered in private placements with...more
5/25/2018
/ Bondholders ,
Bonds ,
Class Action ,
Direct Purchasers ,
Fraud-on-the-Market ,
Investors ,
Material Misstatements ,
Motion to Dismiss ,
Private Placements ,
R&D ,
Rule 10(b) ,
Rule 144A ,
Scienter ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Volkswagen
The U.S. Supreme Court‘s 2017 term begins October 2nd and we will be tracking at least three cases relevant to institutional investors:
•Cyan, Inc. v. Beaver County Employees Retirement Fund
•Digital Realty Trust v....more
9/13/2017
/ Anti-Retaliation Provisions ,
Class Action ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Failure To Disclose ,
Institutional Investors ,
Internal Reporting ,
Item 303 ,
Leidos Inc v Indiana Public Retirement System ,
NVIDIA ,
Regulation S-K ,
Removal ,
Rule 10(b) ,
Rule 10b-5 ,
Sarbanes-Oxley ,
SCOTUS ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
SLUSA ,
State Securities Claims ,
Whistleblowers
We have been following defendants’ motions to dismiss in the In re Lending Club Securities Litigation class action, No 3:16-cv-02627-WHA, in the United States District Court for the Northern District of California (“the...more
6/22/2017
/ Federal Pleading Requirements ,
Financial Reporting ,
Initial Public Offering (IPO) ,
Internal Controls ,
Lenders ,
Misrepresentation ,
Motion to Dismiss ,
Omnicare v Laborers District Council ,
Rule 10(b) ,
Section 11 ,
Securities Act of 1933 ,
Securities Exchange Act ,
Securities Fraud ,
Shareholder Litigation