In the past several years, the number of claims filed against newly public companies under the Securities Act of 1933 has increased significantly. At the same time, the development of direct listings has given companies...more
9/23/2021
/ Board of Directors ,
Corporate Governance ,
Enforcement Actions ,
Fraud ,
Initial Public Offering (IPO) ,
Section 11 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Shareholders
In March, the Delaware Supreme Court held in Salzberg v. Sciabacucchi, 227 A.3d 102 (Del. 2020) that "Federal Forum Selection Provisions," corporate bylaw or charter provisions that require claims under the Securities Act of...more
In the past several years, the number of claims filed against newly public companies under Section 11 of the Securities Act of 1933 has increased exponentially. Unfortunately, Section 11 packs quite a punch. Unlike fraud...more
Last week, the Delaware Supreme Court issued an important decision upholding the validity of "Federal Forum Provisions" in corporate charters requiring that claims under the Securities Act of 1933 (the "'33 Act") be brought...more
Thanks to a 2018 decision by the U.S. Supreme Court, the risk of IPO-related securities litigation has never been higher with class actions often brought by plaintiffs in both federal and state courts. With Congress not...more
2/10/2020
/ Corporate Governance ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
D&O Insurance ,
DE Supreme Court ,
Direct Listing ,
Initial Public Offering (IPO) ,
Lock-Up Agreement ,
PSLRA ,
Publicly-Traded Companies ,
Securities Act of 1933 ,
Securities Litigation ,
Securities Violations ,
SLUSA