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2021
- Second Circuit Provides Guidance on Identifying “Predominantly Foreign” Transactions that are Outside the Scope of the Federal Securities Laws
- 2020 Developments in Securities and M&A Litigation
2020
- SPAC Sponsors Beware: The Rising Threat of Securities Liability
- SDNY Decision Shows the PSLRA’s Protections Remain Strong For Chinese Issuers
- Supreme Court Upholds, with Limits, the SEC’s Authority to Seek Disgorgement
- Second Circuit Reaffirms Stringent Standard For Pleading Corporate Scienter in Securities Fraud Class Actions
- Recent New York Decision Highlights Challenges Plaintiffs Will Face in Proving Loss Causation for Securities Fraud Cases Brought Following a Crisis
- SDNY Holds Syndicated Loans Are Not Securities, Rejecting Challenge That Threatened To Disrupt $2 Trillion Market During COVID-19 Crisis
- Slack’s Direct Listing - Court Allows Securities Act Claims Without Requiring Tracing
- Second Circuit Addresses Price-Maintenance Theory of Securities Fraud and Defendants’ Burden to Rebut Basic Presumption at Class Certification Stage
- Delaware Supreme Court Green Lights Federal-Forum Charter Provisions
- 2019 Developments in Securities and M&A Litigation
- The Latest in the Toshiba Securities Litigation: Perils for Foreign Issuers
- Second Circuit: Criminal Fraud Statutes Do Not Require Prosecutors to Show that Tippers in Insider-Trading Cases Received a “Personal Benefit”
2019
- Second Circuit Affirms Applicability of Section 10(b)’s Heightened Pleading Standard on Wrongdoing Underlying Misstatement or Omission
- 2019 Mid-Year Developments in Securities and M&A Litigation
- H.R. 2534: Insider Trading Prohibition Act – Congress Considers Enacting Changes to Insider Trading Law Under Section 10(b)
- Supreme Court Finds That Rule 10b-5’s “Scheme Liability” Provisions Reach Someone Who Deceptively Uses—But Does Not Make— False Statements of Another
- 2018 Developments in Securities and M&A Litigation
- Second Circuit Holds General Statements of Regulatory Compliance Cannot Sustain Securities Fraud Claim
- Tenth Circuit Affirms Ruling Allowing SEC to Bring Securities Fraud Claims Over Certain Foreign Transactions
- Sciabacucchi v. Salzberg
2018
- Circuit Split on Morrison Application
- Two Strikes and You’re Out: The Litvak Saga Comes to an End
- Government Moves to Voluntarily Dismiss Remaining Charge Against Jesse Litvak, Foregoing a Third Trial
- Ninth Circuit Addresses Requirements for Pleading Section 10(b) Claims Concerning Unsponsored ADRs
- Lorenzo v. SEC: Will the Supreme Court Further Curtail Rule 10b-5
- Second Circuit Potentially Revives Newman’s “Meaningfully Close Personal Relationship” Test, Amends Martoma Decision
- Ninth Circuit Addresses Requirements for Pleading Section 10(b) Claims Concerning Unsponsored ADRs and Rejects Second Circuit’s Parkcentral Decision
- Kokesh and Its Impact on SEC Enforcement, a Year Later
- U.S. Supreme Court Holds That Securities Act Class Actions May Be Brought in State Court
2017
- 2017 Developments in Securities and M&A Litigation
- 2017 Securities and M&A Litigation Mid-Year Review
- Cleary Gottlieb Wins Supreme Court Ruling That Securities Act’s Statute of Repose Is Not Subject to Class-Action Tolling
- Supreme Court Applies Five-Year Statute of Limitations to SEC Disgorgement Claims
- District Judge Rules That Dodd-Frank Allows SEC to Bring Securities Fraud Claims Over Certain Foreign Transactions
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