Noelle Reed on Class Action

Inside the Courts – An Update From Skadden Securities Litigators - February 2025

Key Points - - In 2024, securities litigation remained consistent with historical averages, with a slight increase in core filings and cases related to COVID-19 and artificial intelligence. - The U.S. Supreme Court had an...more

Inside the Courts – An Update From Skadden Securities Litigators - December 2024

Key Points - - During its 2024 term, the U.S. Supreme Court is poised to provide important guidance on the Private Securities Litigation Reform Act’s (PSLRA’s) particularity requirement in NVIDIA Corp. v. E. Ohman J:or...more

Inside the Courts – An Update From Skadden Securities Litigators - February 2024

Securities Class Actions Show No Signs of Slowing in 2024 - Key Points - While the volume of securities class actions filings has remained consistently elevated over the past several years, the composition of the class...more

3/5/2024 / Class Action , Corporate Governance , Digital Assets , Educational Institutions , Energy Sector , Entertainment Industry , Financial Services Industry , Healthcare , Life Sciences , Macquarie Infrastructure Corp v Moab Partners LP , Media , Publicly-Traded Companies , Retailers , SCOTUS , Securities and Exchange Commission (SEC) , Securities Exchange Act , Securities Litigation , Securities Regulation

Inside the Courts – An Update From Skadden Securities Litigators - May 2023

Supreme Court Hears Argument on Traceability Requirement in Circuit-Split Slack v. Pirani - Key Points - - Before the end of June, the U.S. Supreme Court is expected to issue a decision in a high-profile securities case...more

Inside the Courts – An Update From Skadden Securities Litigators - March 2023

Circuits Split Over Whether Targeting Is Necessary for Seller Liability - Key Points - - While courts have long held that solicitations must be tailored to a particular audience to precipitate statutory seller liability,...more

Inside the Courts – An Update From Skadden Securities Litigators - December 2022

Cornerstone Research reports that during the first six months of 2022, plaintiffs filed 110 securities class actions, a pace that is generally in line — 2.8% higher — with what we saw in the second half of 2021. Looking...more

12/5/2022 / Class Action , Coronavirus/COVID-19 , Corporate Counsel , Corporate Sales Transactions , Cybersecurity , Enforcement Actions , FinTech , Futures , Healthcare , Initial Public Offering (IPO) , Life Sciences , Popular , Securities and Exchange Commission (SEC) , Securities Fraud , Securities Litigation , Stock Options

Inside the Courts – An Update From Skadden Securities Litigators - March 2022

Class Certification - Central District of California Denies Class Certification in Securities Fraud Action Concerning Company’s Purchase of ADRs - Stoyas v. Toshiba Corp., No. 2:15-cv-04194 (C.D. Cal. Jan. 7, 2022) -...more

3/2/2022 / Class Action , Class Certification , Delaware General Corporation Law , Derivative Suit , Enforcement Actions , Forum Selection , Loss Causation , Pleading Standards , Scienter , Securities Exchange Act , Securities Fraud , Securities Litigation , Special Purpose Acquisition Companies (SPACs) , Standing

Supreme Court Clarifies Basic Presumption Burden and Holds Courts Should Consider All Price Impact Evidence

On June 21, 2021, the U.S. Supreme Court held in Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System, No. 20-222 (2021), that courts may consider at the class certification stage the generic nature of alleged...more

6/22/2021 / Arkansas Teacher Retirement System v Goldman Sachs Group , Basic v Levinson , Burden of Persuasion , Burden of Proof , Class Action , Class Certification , Conflicts of Interest , Goldman Sachs , Investors , Presumption of Reliance , SCOTUS , Securities Exchange Act , Securities Litigation , Shareholders

Inside the Courts – An Update From Skadden Securities Litigators

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between July and October 2020. Class Certification - Cryptocurrency – Definition of a Security - Derivative...more

Inside the Courts – An Update From Skadden Securities Litigators - September 2019

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between May and August 2019....more

Inside the Courts – An Update From Skadden Securities Litigators - March 2019

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between December 2018 and February 2019....more

Inside the Courts – An Update From Skadden Securities Litigators - December 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more

12/7/2018 / Acquisitions , Administrative Law Judge (ALJ) , Aiding and Abetting , Appointments Clause , Breach of Duty , Claim Preclusion , Class Action , Constitutional Challenges , Controlling Stockholders , Damages , Dismissals , Enforcement Actions , Extraterritoriality Rules , Fiduciary Duty , Financial Institutions , General Partnerships , Initial Coin Offering (ICOs) , Investment Funds , Jurisdiction , Lucia v SEC , Material Adverse Effects , Material Misrepresentation , Merger Agreements , Mergers , MFW , Misrepresentation , Pleading Standards , Popular , Proxy Solicitations , PSLRA , Rule 10(b) , Scienter , Section 11 , Securities , Securities Act , Securities and Exchange Commission (SEC) , Securities Exchange Act , Securities Fraud , Securities Litigation , Shareholder Litigation , SLUSA , Squeeze-Out Mergers

Inside the Courts – An Update From Skadden Securities Litigators - June 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2018 and May 2018. ...more

Supreme Court Rules That Pending Class Actions Do Not Toll Limitations Period for Subsequent Class Actions

In China Agritech v. Resh, No. 17-432 (June 11, 2018), the U.S. Supreme Court held yesterday that a pending class action does not toll the statute of limitations for absent class members who bring a subsequent class action....more

6/12/2018 / Appeals , China Agritech Inc v Resh , Class Action , Class Certification , Class Members , Corporate Counsel , Equitable Tolling , FRCP 23 , Putative Class Actions , Reversal , SCOTUS , Securities Fraud , Statute of Limitations , Subsequent Litigation

Inside the Courts – An Update From Skadden Securities Litigators - March 2018/ Volume 10 / Issue 1

This quarter's issue includes summaries and associated court opinions of selected cases principally decided between November 2017 and January 2018. The cases address developing trends in appraisal, class certification, core...more

3/27/2018 / Acquisitions , Appraisal , Books & Records , Breach of Duty , Business Judgment Rule , Buyouts , CEOs , Claim Preclusion , Class Action , Class Certification , Controlling Stockholders , Core Operations Doctrine , Corwin Doctrine , DE Supreme Court , Delaware General Corporation Law , Dell , Demand Futility , Derivative Suit , Director Compensation , Entire Fairness Standard , Federal Trade Commission (FTC) , Fiduciary Duty , Fraud-on-the-Market , FRCP 9(b) , High-Speed Trading , Loss Causation , Material Misrepresentation , Mergers , Motion to Amend , Petrobras , Pharmaceutical Industry , Pleading Standards , Preponderance of the Evidence , Presumption of Reliance , Proximate Cause , PSLRA , Ratification , Rebuttable Presumptions , Rule 10(b) , Rule 10b-5 , Scienter , Section 220 Request , Securities Exchange Act , Securities Fraud , Securities Litigation , SRO , Stock Drop Litigation

Supreme Court Holds That Class Actions Brought Under Securities Act in State Court Are Not Removable

Today, in a unanimous decision, the U.S. Supreme Court held in Cyan, Inc. et al. v. Beaver County Employees Retirement Fund, et al., No. 15-1439, slip op. at __ (Mar. 20, 2018), that state and federal courts have concurrent...more

3/20/2018 / Class Action , Cyan Inc v Beaver Cty Emps Ret Fund , Jurisdiction , PSLRA , Removal , SCOTUS , Securities Act of 1933 , Securities Litigation , Securities Violations , SLUSA , Split of Authority , State Law Claims

Supreme Court to Resolve Split on Removing Securities Act Claims to Federal Court

The Supreme Court granted the petition for certiorari in Cyan, Inc. v. Beaver Cty. Emps. Ret. Fund, No. 15-1439 (U.S. May 24, 2016) yesterday, setting the stage for the resolution of a long-standing division among federal...more

6/28/2017 / Certiorari , Class Action , Cyan Inc v Beaver Cty Emps Ret Fund , PSLRA , Removal , SCOTUS , Securities Act , Securities Act of 1933 , Securities Litigation , SLUSA , Split of Authority

"Inside the Courts: Supreme Court Upholds Class Certification in Tyson Foods"

The U.S. Supreme Court on March 22, 2016, addressing a challenge to the use of representative evidence to establish that common issues of fact or law predominate over individual issues in a proposed class action, declined to...more

3/23/2016 / Admissible Evidence , Calculation of Damages , Class Action , Class Certification , Doffing , Donning , Fair Labor Standards Act (FLSA) , Popular , SCOTUS , Statistical Sampling , Tyson Foods v Bouaphakeo , Unpaid Overtime , Wage and Hour

A New Front in the Climate Change Debate

The climate change debate has taken a new turn with the recent revelations from New York Attorney General Eric Schneiderman’s office. A legal perspective from Skadden attorneys Noelle Reed and Wallis Hampton....more

11/16/2015 / Class Action , Climate Change , Compliance , Corporate Counsel , Disclosure Requirements , Exxon Mobil , Legal Perspectives , Martin Act , Peabody Energy , Popular , Securities and Exchange Commission (SEC) , Young Lawyers

Inside the Courts - An Update From Skadden Securities Litigators - May 2015 / Volume 7 / Issue 2

In This Issue: - U.S. Supreme Court: ..Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund, 135 S. Ct. 1318 (4th Cir. Mar. 16, 2015) - Auditor Liability: ..In re Advanced Battery Techs.,...more

6/2/2015 / Auditors , Books & Records , CAFA , Class Action , Class Certification , Derivative Suit , Fiduciary Duty , Justifiable Reliance , Misrepresentation , Omissions , Pleading Standards , Scienter , SCOTUS , Securities Fraud , Settlement , Statute of Limitations , Statute of Repose , Whistleblowers

"Supreme Court Allows Rebuttal of Fraud on the Market at Class Certification Stage in Halliburton Co. v. Erica P. John Fund"

The Supreme Court of the United States today in Halliburton Co. v. Erica P. John Fund upheld the fraud-on-the-market presumption of reliance first recognized by the Court in Basic v. Levinson, but gave defendants a new tool...more

6/23/2014 / Basic v Levinson , Board of Directors , Class Action , D&O Insurance , Fraud , Fraud-on-the-Market , Halliburton , Halliburton v Erica P. John Fund , SCOTUS , Securities Fraud

"Inside the Courts: Supreme Court Agrees to Review American Pipe Tolling Issue"

This morning, the Supreme Court granted the writ of certiorari in Public Employees Retirement System of Mississippi v. IndyMacMBS, Inc. The petition raises an issue regarding the application of American Pipe tolling to claims...more

3/10/2014 / American Pipe & Construction Co. v. Utah , Class Action , Securities Act of 1933 , Statute of Limitations , Tolling

"Inside the Courts: Supreme Court to Hear Class Action Certification Appeal in Halliburton"

Today, in a case that could have significant implications for putative federal securities class actions, the Supreme Court granted certiorari in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. In its petition for...more

11/15/2013 / Class Action , Class Certification , Fraud-on-the-Market , Halliburton , Misrepresentation , SCOTUS

Noelle Reed

Skadden, Arps, Slate, Meagher & Flom LLP

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