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Is Cannabis an Essential Business During Coronavirus Closures?

The continuing spread of the COVID-19 pandemic within the United States has prompted emergency declarations across the country. Officials at every level of government are using these and other public health tools to stem the...more

Kokesh May Lead to Lower Monetary Sanctions in SEC Enforcement Proceedings

The U.S. Supreme Court’s recent decision in Kokesh v. SEC provides the defense bar with significant ammunition to argue for lower monetary sanctions in securities enforcement matters pending in federal district courts. In...more

Investing in Data to Stay Ahead of Securities Risks

At the Rocky Mountain Securities Conference, held on May 5, 2017, in Denver, a panel of securities experts explained the new and innovative ways in which the SEC and private companies are utilizing, managing, and analyzing...more

The Year Ahead for GCs and Compliance Officers: Reporting from the Annual SIFMA Compliance & Legal Society Seminar

From March 19–22, the Securities Industry and Financial Markets Association (“SIFMA”) hosted its Annual Compliance & Legal Society Seminar in San Diego, California. This seminar is the top conference for financial...more

Brownstein Victory Demonstrates Value of Vigorously Challenging Materiality Allegations in Securities Fraud Trials

The materiality of misrepresentations and omissions in securities fraud litigation is a complex but critical issue. For several reasons, defendants sometimes give this element of a securities claim less at tention than it...more

Supreme Court Opens Pathway To Increased Insider Trading Prosecutions

On Dec. 6, 2016, the U.S. Supreme Court issued its much-awaited decision in Salman v. United States, upholding a “friends and family” insider-trading conviction and effectively overruling the Second Circuit’s decision in...more

New Jersey Courts Begin Limiting Broad Consumer Statute

National press and various legal publications have undertaken reporting on rapid developments involving New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), a previously overlooked consumer protection...more

Supreme Court Recognizes Implied Certification Claims, With Limits

On June 16, 2016, the Supreme Court issued an opinion in Universal Health Services v. United States ex rel. Escobar, a case in which the court evaluated the viability of the “implied certification” theory of liability under...more

June Marks Upsurge in SEC Whistleblower Awards

On June 9, 2016, the SEC announced a $17 million whistleblower award to “a former company employee whose detailed tip substantially advanced the agency’s investigation and ultimate enforcement action.” This is the...more

Delaware Supreme Court Clarifies Standards in Corporate Takeovers

On May 6, 2016, the Delaware Supreme Court upheld a merger between Zale Corporation (“Zales”) and Signet Jewelers Limited (“Signet”) when it affirmed a lower court’s dismissal of a shareholder class action that sought to...more

Rocky Mountain Securities Conference: Corporate Disclosures Reform Next for SEC

Newly proposed reforms to the U.S. Securities and Exchange Commission’s (SEC) disclosure regime would have a dramatic impact on public companies’ current disclosure obligations. Last week during her keynote at the 48th...more

Implied Certification Liability under the FCA Could Expose Companies to Unforeseen Liability

The Supreme Court on April 19, 2016, heard oral arguments in Universal Health Services v. United States ex rel. Escobar, a case which will impact all government contractors—especially defense companies—as well as any health...more

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