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
As we previously noted in this post, the United States District Court for the Northern District of California dismissed the Volkswagen Bondholder Plaintiff’s first amended complaint, with leave to amend, holding that it could...more
The Toshiba Securities Litigation stems from alleged violations of the Exchange Act, as well as the Financial Instruments and Exchange Act of Japan, against Toshiba Corp., in connection with its alleged accounting fraud and...more
LendingClub is facing two parallel securities litigation cases stemming from alleged false statements it made in connection with its initial public offering (“IPO”). One case is proceeding in the U.S. District Court for the...more
11/9/2017
/ Class Certification ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
FRCP 12(b)(2) ,
Initial Public Offering (IPO) ,
LendingClub ,
Motion To Enjoin ,
Motion To Intervene ,
PLSRA ,
Private Offerings ,
Rule 10b-5 ,
SCOTUS ,
Section 11 ,
Securities Act of 1933 ,
Securities Exchange Act ,
Securities Litigation
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
Although this blog is focused typically on opportunities for institutional investors to recover losses as class members or plaintiffs, we think this decision in Youngers v. Virtus Investment Partners, Inc., may also be of...more
In what amounted to a 6-3 decision, the Supreme Court held in Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. ___ (2014) that the presumption of reliance based on the fraud-on-the-market theory, first articulated in...more