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Motion to Dismiss › Federal Rules of Evidence

Proskauer - Corporate Defense and Disputes

District Court Takes Judicial Notice of SEC Order in Denying Motion to Dismiss Shareholder Claims

Proskauer - Corporate Defense and Disputes on

In our previous post, Under Armour Inc. Pulls Sales Forward, SEC and Stockholders Push Back, we discussed Under Armour Inc.’s recent settlement with the SEC, under which Under Armour agreed to pay $9 million for alleged...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Addresses Use of Doctrines of Judicial Notice and Incorporation by Reference at Pleading Stage in Securities Cases

Skadden, Arps, Slate, Meagher & Flom LLP on

In the Ninth Circuit, defendants typically have two tools available to ask a court to consider in connection with a motion to dismiss information outside the four corners of a complaint. First, a defendant may file a request...more

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