On June 1, 2023, the United States Supreme Court issued a unanimous opinion that makes it more difficult for shareholders to bring Section 11 claims against companies that go public via direct listings. The case involved a...more
7/26/2023
/ Bylaws ,
Civil Monetary Penalty ,
Corporate Governance ,
Derivative Suit ,
Direct Listing ,
Forum Selection ,
Gap Inc ,
Insider Trading ,
Market Manipulation ,
Phantom Stock Plans ,
Private Equity Firms ,
SCOTUS ,
Section 11 ,
Section 12 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Slack
On February 22, 2023, U.S. District Judge Victor Marrero of the Southern District of New York denied a motion to dismiss a putative class action brought by purchasers of a non-fungible token (NFT) against Dapper Labs, Inc....more
3/29/2023
/ 10b5-1 Plans ,
Antitrust Litigation ,
Bitcoin ,
Caremark claim ,
Criminal Prosecution ,
Derivative Suit ,
Facebook ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Howey ,
Insider Trading ,
McDonalds ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Putative Class Actions ,
Securities ,
Sexual Harassment
On February 3, 2023, in the matter In re Tesla Inc. Securities Litigation, Case No. 3:18-cv-04865, a California federal jury cleared Tesla, Inc. (Tesla), and CEO Elon Musk of claims that they committed securities fraud,...more
3/27/2023
/ Acquittals ,
Coinbase ,
Cryptoassets ,
Elon Musk ,
Going-Private Transactions ,
Insider Trading ,
Internal Controls ,
Investors ,
Material Nonpublic Information ,
Popular ,
SEC Examination Priorities ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Tesla ,
Twitter ,
Whistleblowers
In what seems destined to be a landmark Delaware Court of Chancery decision, Vice Chancellor J. Travis Laster denied former McDonald’s Executive Vice President and Global Chief People Officer David Fairhurst’s motion to...more
2/6/2023
/ 10b5-1 Plans ,
Board of Directors ,
Corporate Officers ,
Criminal Conspiracy ,
Criminal Convictions ,
Cryptocurrency ,
Delaware General Corporation Law ,
Fiduciary Duty ,
Insider Trading ,
McDonalds ,
Regulation S-K ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Litigation ,
Sexual Harassment ,
Wire Fraud
On September 21, 2022, U.S. District Judge George B. Daniels of the Southern District of New York dismissed with prejudice a putative securities class action against BELLUS Health, Inc. and certain of its officers....more
10/10/2022
/ Cannabis Products ,
CFTC ,
Cryptocurrency ,
Data Preservation ,
Dismissal With Prejudice ,
Dismissals ,
Electronic Devices ,
Elon Musk ,
Enforcement Actions ,
Insider Trading ,
Investment Advisers Act of 1940 ,
Pay-To-Play ,
Public Statements ,
Putative Class Actions ,
Recordkeeping Requirements ,
Rule 10b-5 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Litigation ,
Shareholder Litigation ,
Twitter ,
Unregistered Securities