On this podcast, two former AUSAs discuss the role of outside counsel in a civil rights audit, also known as a corporate culture review. Corporate governance litigator Jack Clabby talks with his colleague, Simon Gaugush, a...more
Former AUSA Jack Clabby, a litigator with Carlton Fields, describes his unique method for opening corporate internal interviews. The "Compass Rose" is designed to build rapport with the witness and elicit important background...more
7/7/2020
/ Class Action ,
Corporate Counsel ,
Defense Strategies ,
Internal Investigations ,
Interviews ,
Litigation Strategies ,
Publicly-Traded Companies ,
Securities Fraud ,
Securities Litigation ,
Shareholder Demands ,
Shareholders ,
Special Committees ,
Witnesses
Emulex Corp. v. Varjabedian, No. 18-459 (U.S. Apr. 23, 2019) -
On April 23, 2019, the U.S. Supreme Court dismissed a writ of certiorari that could have decided whether investors may sue public companies alleged to have...more
4/24/2019
/ Denial of Certiorari ,
Emulex Corp. v Varjabedian ,
Material Misstatements ,
Negligence ,
Private Right of Action ,
Publicly-Traded Companies ,
SCOTUS ,
Securities Exchange Act ,
Securities Litigation ,
State of Mind ,
Tender Offers
On March 20, the Supreme Court reached two holdings important to securities litigators. First, the Court held that the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) did not strip state courts of their ability...more
A federal magistrate judge in California has allowed a securities fraud suit against a late-stage private company to proceed despite the plaintiff investors holding a security interest only through intermediary,...more
5/4/2017
/ Advertising ,
Breach of Contract ,
Centers for Medicare & Medicaid Services (CMS) ,
Corporate Counsel ,
Initial Public Offering (IPO) ,
Investment Funds ,
Life Sciences ,
Pharmaceutical Industry ,
Sanctions ,
Securities Fraud ,
Securities Litigation ,
Theranos ,
Walgreens
On March 27, 2017, the Supreme Court granted certiorari in the case of Leidos Inc., f/k/a SAIC Inc. v. Indiana Public Retirement System, a securities fraud class action. The case will resolve a circuit split over whether a...more
4/13/2017
/ Disclosure Requirements ,
Kickbacks ,
Leidos Inc v Indiana Public Retirement System ,
Putative Class Actions ,
Regulation S-K ,
Retirement Plan ,
Rule 10(b) ,
SCOTUS ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation
Last week, the United States Court of Appeals for the Eleventh Circuit held that a district court cannot hear constitutional challenges to an ongoing administration enforcement action of the U.S. Securities and Exchange...more
6/24/2016
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Article I ,
Article II ,
Enforcement Actions ,
Jurisdiction ,
Non-Delegation Doctrine ,
Right to a Jury ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
Seventh Amendment