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 May 16, 2023, the US Court of Appeals for the Second Circuit affirmed the Southern District of New York’s order dismissing an action brought by investors of AstraZeneca PLC (AstraZeneca) attempting to hold the company...more
6/19/2023
/ AstraZeneca ,
Class Action ,
Clinical Trials ,
Dismissals ,
Material Misstatements ,
Pharmaceutical Industry ,
Popular ,
Rule 10b-5 ,
Securities Exchange Act ,
Securities Litigation ,
Shareholder Litigation ,
Vaccinations
In an opinion entered in the case on January 3, 2023, U.S. District Judge Raag Singhal of the Southern District of Florida dismissed with prejudice a putative securities class action complaint against Citrix Systems, Inc....more
1/18/2023
/ 10b5-1 Plans ,
Business Model ,
Corporate Officers ,
Derivative Suit ,
Dismissals ,
False Statements ,
Opioid ,
Putative Class Actions ,
Regulation S-K ,
Rule 10(b) ,
Scienter ,
Securities Litigation ,
Shareholder Litigation ,
Shareholders ,
Stock Prices
On October 28, 2022, Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery ruled that the declaratory action brought by Buzzfeed Inc. against 91 current and former employees is not bound by arbitration provisions...more
11/17/2022
/ Arbitration ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Enforcement Actions ,
Fannie Mae ,
FHFA ,
Forum Selection ,
Freddie Mac ,
Hackers ,
Instant Messaging Apps ,
Mergers ,
Mistrial ,
Popular ,
Record Retention ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Shareholder Litigation ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs) ,
Successor Interests ,
Successors ,
WhatsApp
On September 27, 2022, U.S. District Judge Kevin McNulty of the District of New Jersey dismissed a consolidated derivative action allegedly brought on behalf of Cognizant Technology Solutions Corporation against certain...more
11/3/2022
/ Administrative Hearings ,
Caremark claim ,
Class Action ,
Compliance ,
Constitutional Challenges ,
Cooperation ,
Department of Justice (DOJ) ,
Derivative Suit ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Litigation ,
Shareholder Litigation ,
Shareholders
On September 29, 2022, U.S. District Judge Edgardo Ramos of the Southern District of New York dismissed a putative securities class action against Plug Power Inc. and certain of its officers. Plaintiff brought suit...more
10/20/2022
/ Auditors ,
Class Action ,
Dismissals ,
Elon Musk ,
Financial Restatements ,
Financial Statements ,
PCAOB ,
Putative Class Actions ,
Rule 10(b) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Shareholder Litigation ,
Twitter
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