News & Analysis as of

Securities and Exchange Commission (SEC) Objective Falsity

A&O Shearman

Southern District Of New York Dismisses Exchange Act Claims Against Specialty Insurance Underwriter For Failure To Plausibly...

A&O Shearman on

On December 12, 2024, Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York granted a motion to dismiss a putative securities class action asserting claims under Sections 10(b) and...more

WilmerHale

Nvidia Supreme Court Case May Not Make Big Splash

WilmerHale on

On Nov. 13, the U.S. Supreme Court heard oral argument in Nvidia Corp. v. E. Ohman J:or Fonder AB, which has been widely followed given its potential impact on motions to dismiss in securities class actions. After oral...more

A&O Shearman

Northern District of California Denies Motion To Dismiss Putative Class Action Based On Financial Services Company’s Alleged...

A&O Shearman on

On July 29, 2024, Judge Trina L. Thompson of the United States District Court for the Northern District of California denied a motion to dismiss a putative securities class action brought by investors against a financial...more

A&O Shearman

California District Court Grants Motion To Dismiss Investor Class Action Against Lithium-Ion Battery Company

A&O Shearman on

On January 30, 2024, Judge Susan Illston of the United States District Court for the Northern District of California granted with leave to amend a motion to dismiss a putative securities class action against a battery company...more

ArentFox Schiff

Investigations Newsletter: Supreme Court Declines to Review Issue of “Objective Falsity” Under False Claims Act

ArentFox Schiff on

Supreme Court Declines to Review Issue of “Objective Falsity” Under False Claims Act - On February 22, 2021, the United States Supreme Court denied petitions for certiorari in a case that could have addressed the issue of...more

Akin Gump Strauss Hauer & Feld LLP

When Can Opinions be "False" and Result in False Claims Act Liability: Three Circuit Courts Provide Conflicting Guidance

Key Points - Recently three circuit courts have considered when opinions can be false under the FCA. - Although the circuits disagree regarding whether plaintiff must establish “objective falsity” to assert an FCA...more

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