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First Decisions in COVID-19 Securities Motions to Dismiss Offer Mixed Results

Seyfarth Synopsis: Two recent decisions on motions to dismiss in COVID-related class action securities litigations—one successfully dismissed, the other largely surviving—show that a bare allegation of failure to predict the...more

First Securities Class Action Complaint Filed In 2021 Following Disclosure Of Cyberattack On SolarWinds Corporation

On January 4, 2021, a putative securities class action complaint was filed in the United States District Court for the Western District of Texas against SolarWinds Corporation (“SolarWinds”), SolarWinds’ CEO and CFO.[1] This...more

Southern District of New York Dismisses Section 14(a) Claim Arising Out Of Packaging Companies’ Merger

On January 12, 2021, the United States District Court for the Southern District of New York dismissed a putative class action complaint against Bemis Company Inc. and members of its board of directors (collectively, “Bemis”)...more

Dropbox Becomes Third California Superior Court Decision To Enforce Delaware Corporations’ Federal Forum Provision For Securities...

Three separate California Superior Courts have recently upheld federal forum provisions (“FFP”) in governing corporate documents to preclude state court actions under the Securities Act of 1933 (the “Securities Act”) (15...more

New York Appellate Division Decides First Securities Act Case Since Cyan

On December 3, 2020, the New York State Appellate Division for the First Judicial Department dismissed an action alleging claims under the Securities Act of 1933 (the “Securities Act”) in Lyu v. Ruhnn Holdings Limited....more

California Superior Courts Enforce Delaware Corporations’ Federal Forum Provision For Securities Act Lawsuits

In recent decisions, two separate California Superior Courts have upheld federal forum provisions (“FFP”) in governing corporate documents to preclude state court actions under the Securities Act of 1933 (the “Securities...more

California Superior Court Enforces Delaware Corporation’s Federal Forum Provision For Securities Act Lawsuits

On September 1, 2020, the California Superior Court for San Mateo County granted Restoration Robotics, Inc. and certain individual defendants’ (collectively, “Restoration Robotics”) Motion for Reconsideration and Renewed...more

Event-Driven Securities Litigation in the Age of COVID-19

Seyfarth Synopsis: The COVID-19 pandemic has already spurred several private securities class action lawsuits and Securities and Exchange Commission (“SEC”) enforcement actions. Companies that deal with COVID-19 on a daily...more

District Courts In New Jersey And New York Dismiss Securities Class Actions Against Life Science Companies Emphasizing the High...

The United States District Courts for the District of New Jersey and the Southern District of New York recently dismissed putative securities class action complaints filed against life science companies in Smith v. Antares...more

Massachusetts District Court Dismisses Suit Against Pharma Company Finding That Optimistic Statements Regarding Drug Prospects Are...

The United States District Court for the District of Massachusetts recently granted a motion to dismiss a putative securities fraud class action in favor of Alnylam Pharmaceuticals, Inc. and several of its executive officers...more

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