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Dismissal of Securities Claims Against Utah Biotech Company Provides Guidance in Securities Cases Involving Food & Drug...

A district court in Utah recently dismissed claims brought against a biotechnology company and its officers under Section 10(b) of the Securities Exchange Act and Rule 10b-5 adopted thereunder. The order in Richfield v....more

Delaware Chancery Court Decision Dismissing Claims Against SolarWinds Corporation's Board Illuminates Contours of Director...

The Delaware Chancery Court’s recent opinion in Construction Industry Laborers Pension Fund et al. v. Bingle et al., C.A. No. 2021-0494-SG (Del. Ch.) dismissing claims asserted against members of SolarWinds Corporation’s...more

Court Dismisses Shareholder Suit Seeking To Recover Stock Drop from FDA Nonapproval of Experimental Drug

Companies that sell products or services that cannot be marketed without regulatory preclearance, and particularly companies that develop experimental drugs and medical devices, should take note of the recent opinion by Judge...more

Litigation Risks For Energy Company Executives During Bankruptcy

Spurred by the Russia-OPEC dispute and the worldwide lockdown to prevent the spread of COVID-19, the price of oil has fallen to historical lows. Many oil and gas companies face substantial doubt about their ability to...more

Managing Securities Litigation Risks in a Time of Coronavirus Insecurities

Spiraling fears over the coronavirus and the multiplication of virus outbreaks across the globe have impacted the worldwide economy, threatened supply chains, and caused severe stock market declines and disruptions in the...more

Energy Newsletter - September 2018

A Texas Federal Judge Turns Up the Heat on Oil Companies Facing Climate Change-Related Securities Class Actions - On August 14, 2018, the United States District Court for the Northern District of Texas issued a...more

A Texas Federal Judge Turns Up the Heat on Oil Companies Facing Climate Change-Related Securities Class Actions

On August 14, 2018, the United States District Court for the Northern District of Texas issued a surprisingly shareholder-friendly opinion denying a motion to dismiss filed by Exxon Mobil Corp. See Ramirez v. Exxon Mobil...more

Climate Change and Oil Reserve Estimates — New Securities Litigation Risks

A Texas Federal Judge Turns Up The Heat On Oil Companies Facing Climate Change-Related Securities Class Actions - On August 14, 2018, the United States District Court for the Northern District of Texas issued a...more

U.S. Supreme Court’s Cyan Decision Confirms State Courts’ Jurisdiction Over Securities Act of 1933 Class Actions

On March 20, 2018, the United States Supreme Court issued a unanimous decision in Cyan, Inc. v. Beaver County Employees Retirement Fund. Cyan resolves a nearly two-decades-long split among state and federal courts concerning...more

U.S. Supreme Court’s ANZ Decision Prohibits Tolling Of The Securities Act Of 1933’s Three -Year Statute Of Repose

The Securities Act of 1933 prevents a securities purchaser from suing over an alleged material misstatement or omission in a registration statement more than three years after the offeringdate. A circuit split developed over...more

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