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A&O Shearman

Northern District Of California Grants Motion To Dismiss Securities Class Action Against Solar Energy Company With Prejudice

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On February 11, 2026, Judge Edward M. Chen of the United States District Court for the Northern District of California granted a motion to dismiss with prejudice a proposed securities class action against a solar energy...more

Katten Muchin Rosenman LLP

Half-Truths: Fraud By Omission Under The Federal Securities Laws

About two years ago, the Supreme Court held that Section 10(b) and Rule 10b-5(b) did not prohibit “pure omissions.” Rather, it prohibits making an “untrue statement of material fact  or [] omit[ting] to state a material fact...more

Alston & Bird

Robinhood Markets Inc. v. Sodha: The Supreme Court Asked to Draw the Line on Intra-Quarter Disclosures

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Our Securities Litigation Group examines a recent Ninth Circuit ruling arising from Robinhood’s IPO....more

Foley & Lardner LLP

SEC Enforcement Action against Former Spero Executives: Individual Liability for Misleading FDA-Related Disclosures

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On January 16, 2026, the Securities and Exchange Commission (SEC) instituted settled cease‑and‑desist proceedings against Ankit Mahadevia and Satyavrat Shukla, the former CEO and CFO of biopharmaceutical company Spero...more

A&O Shearman

Washington District Court Declines To Dismiss Putative Class Action Against Coffee Retailer

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On November 19, 2025, Judge John H. Chun of the United States District Court for the Western District of Washington pared the allegations in a putative class action asserting claims under the Securities Exchange Act of 1934...more

A&O Shearman

Northern District Of California Grants Motion To Dismiss Putative Class Action Against Biopharmaceutical Company

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On October 30, 2025, Chief Judge Richard Seeborg of the United States District Court of the Northern District of California granted a motion to dismiss a putative securities class action alleging a biopharmaceutical company...more

A&O Shearman

Western District of Washington Denies Motion to Dismiss Putative Securities Class Action Against Software Company

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On September 12, 2025, Judge Marsha J. Pechman of the United States District Court for the Western District of Washington denied a motion to dismiss a proposed securities class action against a software company (the...more

Secretariat

FirstEnergy at the Sixth Circuit Reshapes Securities Class Actions

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In its landmark ruling in Owens, et al. v. FirstEnergy Corp., et al. (“FirstEnergy”), the U.S. Court of Appeals for the Sixth Circuit vacated the district court’s class-certification order, clarifying a new standard for...more

Carlton Fields

Pushing Back on SEC Disclosure Comments: Is Too Much Harmony Dangerous?

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If a registrant agrees to make a disclosure change requested by its SEC staff reviewer, should the registrant’s response letter nevertheless include a disclaimer to the effect that the registrant does not (or does not...more

Lewitt Hackman

Franchisor 101: A Franchise Nondisclosure Document

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A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer....more

Herbert Smith Freehills Kramer

Ninth Circuit Addresses the Scope of Section 12(a)(2) Liability for Misleading Opinion Statements Under Omnicare

On June 10, 2025, the U.S. Court of Appeals for the Ninth Circuit Pino v. Cardone Capital, LLC reversed in part the dismissal of claims brought under the Securities Act of 1933 based on statements made in connection with two...more

Keating Muething & Klekamp PLL

Ninth Circuit Warning: Silence in the Face of SEC Comment Letters May Bolster Section 12(a)(2) Claims

On June 10, 2025, the U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of a securities class action after finding the plaintiff sufficiently alleged a real estate investment fund and its managing executive...more

Hogan Lovells

Generac Holdings, Inc.: Court dismisses complaint alleging COVID-related omissions

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In City Pension Fund for Firefighters and Police Officers in the City of Tampa Bay et al. v. Generac Holdings, Inc., et al., the Eastern District of Wisconsin dismissed a consolidated class action complaint alleging...more

A&O Shearman

Ninth Circuit Reinstates Putative Class Action Against Real Estate Syndicator, Holding That Complaint’s Fraud Disclaimer Did Not...

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On June 10, 2025, the United States Court of Appeals for the Ninth Circuit reinstated a putative class action asserting claims under the Securities Act of 1933 against a real estate syndicator, one of its executives, and...more

Kilpatrick

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

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We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...more

A&O Shearman

Fourth Circuit Affirms District Court’s Denial Of Motion To Amend A Securities Fraud Class Action Against Quantum Computing...

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On April 8, 2025, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s denial of a motion to amend a class action complaint against a quantum computing company (the “Company”) and the...more

A&O Shearman

Northern District Of California Grants Summary Judgment To Software Company In Securities Class Action

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On April 10, 2025, Judge Charles R. Breyer of the United States District Court for the Northern District of California granted a motion for summary judgment in favor of a software company (the “Company”) in a purported class...more

Freiberger Haber LLP

Summary Judgment Granted Because Reliance on Defendants’ Alleged Misrepresentations Was Not Justifiable

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The justifiable reliance element has been described as a “fundamental precept” and a “venerable rule”. The requirement is one of the five elements of a fraud cause of action: (1) a misrepresentation or a material omission of...more

A&O Shearman

Ninth Circuit Affirms Dismissal Of Securities Class Action With Prejudice Against Enterprise Data Platform For Repeated Failure To...

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On November 19, 2024, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action complaint alleging that a data management and analytics software company (the “Company”) and...more

Wiley Rein LLP

Law Firm Had Duty to Report Omission, Even Though Clients Promised Not to Sue

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The Iowa Court of Appeals has held that a law firm’s clients’ purported assurance that they would not sue the law firm for its omission in representing them did not obviate the firm’s obligation to notify its claims-made...more

A&O Shearman

Supreme Court Hears Oral Argument On Standard For Pleading Securities Fraud In Private Civil Suits

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On November 13, 2024, the United States Supreme Court heard oral argument in an appeal from a decision of the United States Court of Appeals for the Ninth Circuit in a putative class action asserting claims under the...more

Bowditch & Dewey

What Massachusetts Owner-Occupied Residential Property Owners (and Solar Panel Installers) Need to Know Before Contracting for...

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In July, 2024, the Connecticut Attorney General filed suit alleging that certain solar panel installers had violated the Connecticut Unfair Trade Practices Act (“CUTPA”) by: - engaging in conduct that violates public...more

A&O Shearman

Northern District Of Texas Dismisses Putative Securities Class Action For Failure To Establish Standing

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On October 24, 2024, Judge Jane J. Boyle of the United States District Court for the Northern District of Texas dismissed a putative securities class action alleging that a bond issuer (the “Company”) and certain of its...more

A&O Shearman

Northern District Of California Pares Claims In Putative Class Action Against Social Media Company

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On September 30, 2024, Judge Araceli Martínez-Olguín of the United States District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative class action asserting claims...more

A&O Shearman

Southern District Of Florida Dismisses Securities Fraud Claim Against Equity Fund Alleging “Scheme” To Inflate Company Stock Price...

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On September 13, 2024, Judge K. Michael Moore of the United States District Court for the Southern District of Florida dismissed a complaint alleging that an equity fund (the “Company”), its affiliate companies, and several...more

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