This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between May 2017 and August 2017....more
9/28/2017
/ Acquisitions ,
Appraisal ,
CalPERS ,
CalPERS v ANZ Securities ,
Equitable Tolling ,
Fiduciary Duty ,
Insider Trading ,
Investment Company Act of 1940 ,
Materiality ,
Mergers ,
PLSRA ,
Scienter ,
SCOTUS ,
Securities Exchange Act ,
Securities Fraud ,
Standing ,
Statute of Limitations
This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2017 and April 2017. The cases address developing trends in class actions, ERISA, fiduciary duties,...more
6/9/2017
/ Acquisitions ,
Bad Faith ,
Board of Directors ,
Breach of Duty ,
Class Action ,
Class Certification ,
Dismissals ,
Dodd-Frank ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
ESOP ,
Ethics Breach ,
Excessive Fees ,
Food Manufacturers ,
Initial Public Offering (IPO) ,
Mergers ,
Misrepresentation ,
Pleading Standards ,
PLSRA ,
Regulation D ,
Rule 10b-5 ,
Rule 11 ,
Sanctions ,
Scienter ,
Securities ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Whistleblowers
On March 8, 2017, Skadden hosted a webinar titled “Lessons Learned From Tax-Related Whistleblower Litigation and Shareholder Actions.” The Skadden panelists were tax partners Nathaniel Carden and Armando Gomez, and litigation...more
3/22/2017
/ 1099s ,
Board of Directors ,
Breach of Duty ,
Class Action ,
Corporate Taxes ,
Derivative Suit ,
Dodd-Frank ,
False Claims Act (FCA) ,
Federal v State Law Application ,
Form 1098-T ,
Internal Revenue Code (IRC) ,
International Tax Issues ,
Inversion ,
IRS ,
Misrepresentation ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Shareholder Litigation ,
Stock Drop Litigation ,
Tax Litigation ,
Tax Planning ,
Whistleblowers
On October 5, 2016, Skadden hosted its Fourth Annual Seminar for Pharmaceutical, Biotechnology and Medical Device Companies. The seminar focused on the current and developing challenges facing such companies and included...more
10/26/2016
/ Acquisitions ,
Biotechnology ,
Corporate Integrity Agreement ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Guilty Pleas ,
Indictments ,
Kickbacks ,
Life Sciences ,
Medical Devices ,
Mergers ,
OIG ,
Omissions ,
Personal Liability ,
Pharmaceutical Industry ,
Popular ,
Securities Fraud ,
Settlement ,
Yates Memorandum
We are pleased to present Inside the Courts (Volume 7, Issue 4), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more
11/19/2015
/ Auction ,
Breach of Duty ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fraud-on-the-Market ,
Market Manipulation ,
Misrepresentation ,
Pleading Standards ,
Scienter ,
Securities Fraud ,
Securities Litigation ,
Standing ,
Statute of Limitations ,
Statute of Repose ,
Venue ,
Whistleblower Protection Policies
This issue of Inside the Courts, Skadden’s securities litigation newsletter, includes summaries and associated court opinions of selected cases principally decided between May 2015 and August 2015. The cases address...more
10/8/2015
/ Appraisal Rights ,
Class Action ,
Class Certification ,
Controlling Stockholders ,
Demand Futility ,
Derivative Suit ,
Disclosure Requirements ,
Dismissals ,
False Statements ,
Fraud-on-the-Market ,
Insider Trading ,
Janus Capital Group ,
Loss Causation ,
Offering Documents ,
Oil & Gas ,
Pleading Standards ,
PLSRA ,
Rebuttable Presumptions ,
Rule 10b-5 ,
Safe Harbors ,
Scienter ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
SLUSA ,
Statute of Limitations
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
In an opinion issued yesterday, the U.S. Supreme Court held in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund that an issuer may be held liable under Section 11 of the Securities Act of 1933...more
3/25/2015
/ Disclosure ,
Material Disclosures ,
Misleading Statements ,
Omnicare ,
Pleading Standards ,
Registration Statement ,
SCOTUS ,
Section 11 ,
Securities Fraud ,
Securities Litigation ,
Statement of Opinion
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
Today, in a 7-2 decision, the United States Supreme Court appeared to narrow the scope of the “in connection with the purchase or sale of a covered security” as used in SLUSA. Justice Breyer delivered the opinion of the Court...more
In This Issue:
*U.S. SUPREME COURT:
- Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. Nov. 15, 2013) Lawson v. FMR LLC, No. 12-3 (U.S. Nov. 12, 2013)
- Chadbourne & Parke LLP v. Troice, No....more
12/6/2013
/ Auditors ,
Certifications ,
Chadbourne & Parke LLP v Troice ,
Class Action ,
Derivative Suit ,
Dodd-Frank ,
Duty to Disclose ,
Enforcement Actions ,
Facebook ,
Fiduciary Duty ,
Foreign Corporations ,
Fraud ,
Halliburton ,
Halliburton v Erica P. John Fund ,
Misrepresentation ,
Pleading Standards ,
Ponzi Scheme ,
PSLRA ,
Scienter ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Standing ,
Statute of Limitations ,
Statute of Repose
Gabelli v. Sec. & Exch. Comm'n, No. 11-1274 (U.S. Feb. 27, 2013) -
In a unanimous opinion authored by Chief Justice Roberts, the U.S. Supreme Court today held that the five-year limitations period that governs SEC...more
Today, in a 6-3 decision, the Supreme Court of the United States held in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds that a securities fraud plaintiff alleging fraud on the market need not establish the...more
2/27/2013
/ Amgen Inc. v Connecticut Retirement Plans ,
Burden of Proof ,
Class Action ,
Class Certification ,
False Statements ,
Fraud-on-the-Market ,
Insider Trading ,
Materiality ,
Pleadings ,
Rule 10b-5 ,
SCOTUS ,
Securities Fraud