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Successful Rule 9(b) Defense of False Claims Act Whistleblower Litigation

by Butler Snow LLP on

The lure of significant monetary awards continues to stimulate high-risk whistleblower actions under the False Claims Act (FCA), and these claims are increasingly common in the pharmaceutical and medical device industry. The...more

Running on Empty: Defective Gas Class Sputters in Louisiana District Court

by Carlton Fields on

The Middle District of Louisiana denied certification of a putative class bringing claims for redhibition and unjust enrichment against Exxon Mobil Corporation (“Exxon”). Plaintiffs allegedly purchased gasoline refined at...more

2 Years After Comcast, Little Has Changed

by Zelle LLP on

The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification “game-changer” that raised the bar for plaintiffs seeking class certification in competition and other class cases —...more

SEC Timeout on Proxy Access Issue Has Wider Implications

by Proskauer Rose LLP on

On January 16, 2015, the SEC withdrew its December 1, 2014 no-action letter in which it concurred with the view of Whole Foods Market, Inc. that the company was entitled under SEC Rule 14a-8(i)(9) to exclude from its proxy...more

CFTC Provides Exemptive Relief for Commodity Pool Operators Relying on the JOBS Act’s General Solicitation Amendments and...

by Ropes & Gray LLP on

Earlier this week, the Commodity Futures Trading Commission’s (“CFTC”) Division of Swap Dealer and Intermediary Oversight (the “Division”) issued a series of exemptive and no-action letters applicable to commodity pool...more

CFTC Publishes Long-Awaited JOBS Act Relief

The staff of the Commodity Futures Trading Commission (CFTC) published a no-action letter on September 9, 2014 (available here) that permits certain commodity pool operators (CPOs) to conduct general solicitation in private...more

Court Rejects Two Common Methods Of Proving Reliance On Class-Wide Basis

by Carlton Fields on

Plaintiffs in a securities fraud class action containing over 2,000 individual investors were unable to convince a New York District Court that the reliance element of their claims was susceptible to a common method of proof...more

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Cybersecurity

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