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SCOTUS: Pure Omissions Do Not Support Securities Fraud Claims Even If the Omissions Violate SEC Disclosure Requirements

Last week, the U.S. Supreme Court issued a unanimous decision in Macquarie Infrastructure Corp. et al. v. Moab Partners L.P. et al., holding that an omission to make disclosures required by U.S. Securities and Exchange...more

Justice Department Updates Self-Disclosure Policy; Deputy AG Announces Further Requirements

On February 22, 2023, the Department of Justice (DOJ) announced an update of its Voluntary Self-Disclosure Policy applicable to all United States Attorneys’ Offices in their prosecution decisions, effective immediately. The...more

Department of Justice Renews Efforts to Prohibit Employee Non-Poaching Agreements

The Trump Administration has reaffirmed the U.S. Department of Justice and the Federal Trade Commission's jointly-issued Antitrust Guidance for Human Resources Professionals, first issued on October 20, 2016....more

Halliburton: Supreme Court Retains Fraud on the Market Presumption in Securities Fraud Cases - Confirms Defendants' Right to...

On Monday, the Supreme Court issues its heavily anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc. As predicted in our prior alert about this case, the Court declined to overrule the "fraud on the market"...more

Massachusetts Governor Proposes Banning Non-Compete Agreements

On April 10, 2014, Massachusetts Governor Deval Patrick introduced an economic development package that includes a law barring non-compete agreements in the state. Patrick says that the measure would permit the free flow of...more

Coming Soon: Supreme Court Could Curtail Securities Class Actions in Halliburton v. Erica P. John Fund

All eyes in the securities litigation bar are on the U.S. Supreme Court as it prepares to rule on the continued viability of the "fraud-on-the-market" theory in Halliburton v. Erica P. John Fund....more

Dodd-Frank Whistleblower Claims Subject To Arbitration, Key Distinctions Between Dodd-Frank And Sarbanes-Oxley Whistleblower...

Two recent U.S. District Court decisions hold that whistleblower claims under the Dodd-Frank Act are subject to arbitration under an appropriate pre-dispute arbitration agreement. In addition, the first of these decisions...more

Texas Court Of Appeals: Providing "Treasure Map" To Potential Investors Without Non-Disclosure Agreement Does Not Destroy Trade...

A Texas Court of Appeals upheld a jury's determination that a seismic map of an underground natural gas field retained its trade secret status, despite the fact that the owner gave the map to the alleged misappropriator and...more

Lawson v. FMR LLC: Supreme Court Takes Broad View Of Sarbanes-Oxley Whistleblower Coverage

On March 4, 2014, the U.S. Supreme Court held that the section of the Sarbanes-Oxley Act of 2002 (SOX) providing protections for whistleblowers applies not only to employees of public companies, but also to employees of...more

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