Former Theranos CEO Denied Attorney-Client Privilege Over Communications with Company Attorneys; District of Massachusetts Allows Putative Securities Class Action to Proceed Against OvaScience Investors; Delaware Chancery...more
6/16/2021
/ Attorney-Client Privilege ,
Board of Directors ,
Breach of Duty ,
Client Representation ,
Coronavirus/COVID-19 ,
Corporate Officers ,
Derivative Suit ,
Dismissals ,
Engagement Letters ,
Fiduciary Duty ,
Health and Safety ,
Initial Public Offering (IPO) ,
Insider Trading ,
Investors ,
Public Statements ,
Putative Class Actions ,
Securities Litigation ,
Securities Violations ,
Shareholders ,
Standing ,
Unjust Enrichment
Federal Reserve Hints at Government-Backed Cryptocurrency; Third Circuit Affirms Dismissal of Securities Fraud Class Action Against Shutterfly Inc. Regarding Allegedly Misleading Financial Projections; Ninth Circuit Holds...more
6/4/2021
/ Cease and Desist Orders ,
Class Action ,
Corporations Code ,
Cryptocurrency ,
Digital Currency ,
Dismissal With Prejudice ,
Dismissals ,
Federal Reserve ,
Federal Rules of Civil Procedure ,
Investors ,
Judicial Notice ,
Loss Causation ,
Misleading Statements ,
Pleading Standards ,
Private Securities Litigation Reform Act of 1995 ,
Proxy Statements ,
Putative Class Actions ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Shareholders ,
Shutterfly ,
Uber
A Win for Deal Certainty, Delaware Court of Chancery Orders Closing of Cake Supplier Acquisition; Under Armour to Pay $9M to Settle SEC Charges Involving Disclosure Failures; First Circuit Upholds Decision Applying Federal...more
5/19/2021
/ Acquisitions ,
Board of Directors ,
Breach of Duty ,
Business Judgment Rule ,
Buyers ,
Buyouts ,
Cease and Desist ,
Civil Monetary Penalty ,
Controlling Stockholders ,
Debt Financing ,
Dismissals ,
Failure To Disclose ,
Fiduciary Duty ,
Foreign Investment ,
Going-Private Transactions ,
Investors ,
Minority Shareholders ,
Motion to Dismiss ,
Partial Summary Judgments ,
Publicly-Traded Companies ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Regulation ,
Securities Violations ,
Sellers ,
Settlement Agreements ,
Solicitation
Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more
5/5/2021
/ Abuse of Discretion ,
Best Execution ,
Bribery ,
Class Action ,
Class Certification ,
Class Members ,
Corporate Counsel ,
Dismissal With Prejudice ,
Dismissals ,
Duty to Disclose ,
Evidence ,
Exelon Generation ,
False Statements ,
FRCP 23(b)(3) ,
Investors ,
Lobbying ,
Material Misrepresentation ,
Mergers ,
Misleading Statements ,
Motion to Dismiss ,
Negligence ,
Omissions ,
Papa Murphys ,
Private Right of Action ,
Proxy Statements ,
PSLRA ,
Putative Class Actions ,
Remand ,
Retail Investors ,
Reversal ,
Rule 10(b) ,
Rule 10b-5 ,
Scienter ,
Securities Exchange Act of 1934 ,
Securities Litigation ,
Securities Violations ,
TD Ameritrade
Biogen Inc. Wins Some, Loses Some, In Delaware Chancery Court Corporate Records Suit; Southern District of Florida Dismisses Securities Fraud Class Action Against Norwegian Cruise Lines Stemming From Alleged Impacts of...more
4/23/2021
/ Anti-Kickback Statute ,
Banking Sector ,
Bitcoin ,
Books & Records ,
Class Action ,
Coronavirus/COVID-19 ,
Corporate Records ,
Criminal Prosecution ,
Cryptocurrency ,
Delaware General Corporation Law ,
Discovery ,
Dismissals ,
Duty to Correct ,
Duty to Disclose ,
Enforcement Actions ,
Ether ,
False Statements ,
Federal Prosecutors ,
Government Investigations ,
Investment Banks ,
Investors ,
Meeting Minutes ,
Misleading Statements ,
Motion to Compel ,
Policies and Procedures ,
PSLRA ,
Putative Class Actions ,
Scienter ,
Section 220 Request ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Stock Prices
Massachusetts Superior Court BLS Finds No Duty to Disclose Alleged Preliminary Merger Discussions, Northern District of California Declines to Dismiss Oracle Fraud Class Action Suit, SCOTUS Hears Oral Argument in Goldman...more
4/7/2021
/ Arkansas Teacher Retirement System v Goldman Sachs Group ,
Bad Faith ,
Breach of Contract ,
Breach of Duty ,
Burden of Persuasion ,
Burden of Production ,
Business Litigation ,
Class Action ,
Class Certification ,
Collateralized Debt Obligations ,
DE Supreme Court ,
Derivative Suit ,
Dismissal With Prejudice ,
Dismissals ,
Duty to Disclose ,
Enforcement Actions ,
Fiduciary Duty ,
Fraud ,
Investors ,
Mergers ,
MetLife ,
Misleading Statements ,
Motion to Dismiss ,
Oracle ,
Oral Argument ,
Pensions ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Shareholders ,
Stock Prices
Federal Judge Dismisses Facebook Investor Class Action Based on Board Diversity, Virginia Federal Judge Denies Motion to Dismiss Claims that Altria Knew JUUL Was Marketing to Underage Consumers, SEC Brings Claims Against AT&T...more
3/24/2021
/ Advertising to Minors ,
AT&T ,
Board of Directors ,
Class Action ,
Dismissals ,
Diversity ,
Facebook ,
Fiduciary Duty ,
Investors ,
Motion to Dismiss ,
Putative Class Actions ,
Regulation FD ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
SLUSA
New York Federal Court Dismisses Securities Fraud Claims Against Alkermes for Lack of Fraudulent Intent; Fourth Circuit Affirms District Court’s Denial of Leave to File Amended Complaint Against Triangle Capital as Futile;...more
3/11/2021
/ Amended Complaints ,
Appeals ,
Class Action ,
D&O Insurance ,
DE Supreme Court ,
Dismissals ,
Investors ,
Mergers ,
Misrepresentation ,
Putative Class Actions ,
Scienter ,
Securities Fraud ,
Securities Litigation ,
Securities Transactions ,
Securities Violations ,
Subpoenas ,
Work-Product Doctrine
Rhode Island Federal Court Dismisses Securities Class Action Against CVS Arising From Statements Made After Omnicare Acquisition; SEC Division of Corporation Finance Suggests Companies Issue Additional Disclosures When...more
3/3/2021
/ Acquisitions ,
Asset Purchase Agreements ,
Board of Directors ,
Breach of Contract ,
Breach of Duty ,
Buyers ,
Capital Raising ,
Cardinal Health ,
Class Action ,
Closing Documents ,
CVS ,
Derivative Suit ,
Disclosure Requirements ,
Dismissals ,
Division of Corporate Finance ,
Enforcement Actions ,
Fiduciary Duty ,
Investors ,
Market Volatility ,
Mergers ,
Mismanagement ,
Motion To Strike ,
Omnicare ,
Opioid ,
Purchase Price Adjustment ,
Putative Class Actions ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Unclean Hands ,
Volkswagen
On July 26, 2017, the U.S. Department of Justice announced that a grand jury in the Northern District of California had indicted Alexander Vinnik, a Russian national, and BTC-e, the bitcoin exchange that Vinnik allegedly...more
Last month, Senegal announced its intention to introduce a national digital currency based on block chain technology, and become only the second country in the world following Tunisia to do so. Senegal’s new digital currency...more
Bitfinex is a Hong Kong-based digital currency exchange – one of the world’s leading such exchanges, and the self-proclaimed largest exchange by volume for trading bitcoin against the US Dollar. On August 2, 2016, Bitfinex...more
There will only ever be 21 million bitcoins, and the rate at which those 21 million bitcoins are generated will decrease periodically by half until all bitcoins are in circulation. More specifically, a user is rewarded with...more
On February 26, 2016, Logos Capital Fund, LLP (“Logos”) filed with the Securities and Exchange Commission (“SEC”) a Form D Notice of Exempt Offering of Securities. As its Form D indicates, Logos is soliciting investments of...more
At first blush, one might not expect the digital currency and firearm industries to have much in common – when was the last time you heard someone utter Bitcoin and guns in the same breath? Recently, however, the two...more
6/23/2015
/ Ammunition ,
Banks ,
Bitcoin ,
Choke Point ,
Credit Access ,
Department of Justice (DOJ) ,
Digital Currency ,
FDIC ,
Firearms ,
Lobbying ,
Payment Processors ,
Second Amendment
On April 22, 2015, the European Securities and Markets Authority (“ESMA”) – the European Union’s (“EU”) securities watchdog agency – issued a formal call for evidence regarding investments using virtual currency or...more