Israel David

May 02, 2018 | New York Law Journal

The court in 'Cyan' held that SLUSA does not prohibit state courts from adjudicating such claims, and that defendants may not remove such cases to federal court. As a result, it is likely that the recent trend of such claims being asserted in state courts will accelerate.

By Israel David and Samuel P. Groner

9 minute read

December 12, 2016 | New York Law Journal

Israel David and Samuel P. Groner of Fried, Frank, Harris, Shriver & Jacobson examine how courts in the Second Circuit, in the year and half since 'Omnicare' was decided, have applied three considerations in determining whether in context an opinion statement is misleading. These cases suggest that courts are increasingly open to viewing statements that might have been misleading in a vacuum as not misleading when properly understood in context and therefore not susceptible to liability on an "omissions" theory.

By Israel David and Samuel P. Groner

20 minute read

February 09, 2016 | New York Law Journal

Israel David and Samuel P. Groner explore the PSLRA's settlement discharge and judgment reduction provisions and how they work in the context of settlements by covered persons, and then discuss the manner in which courts have taken those provisions into account in the context of settlements by defendants who are not covered persons.

By Israel David and Samuel P. Groner

12 minute read

May 28, 2015 | New York Law Journal

Gregg L. Weiner and Israel David analyze 'Stratte-McClure v. Morgan Stanley,' a decision that confirms that issuers and other market participants must be vigilant of disclosure obligations under Item 303 of SEC Regulation S-K, but also confirms that there are significant limits to the extent to which liability should be imposed on this basis.

By Gregg L. Weiner and Israel David

12 minute read

May 27, 2015 | New York Law Journal

Gregg L. Weiner and Israel David analyze 'Stratte-McClure v. Morgan Stanley,' a decision that confirms that issuers and other market participants must be vigilant of disclosure obligations under Item 303 of SEC Regulation S-K, but also confirms that there are significant limits to the extent to which liability should be imposed on this basis.

By Gregg L. Weiner and Israel David

12 minute read

January 14, 2015 | New Jersey Law Journal

There has been a troubling increase in the number of malpractice claims brought against attorneys by nonclients, not because the attorneys actually committed malpractice, but because a particular matter did not turn out as the nonclient thought it would.

By Ronald L. Israel, David M. Dugan and Brigitte M. Gladis

8 minute read

January 14, 2015 | New Jersey Law Journal

There has been a troubling increase in the number of malpractice claims brought against attorneys by nonclients, not because the attorneys actually committed malpractice, but because a particular matter did not turn out as the nonclient thought it would.

By Ronald L. Israel, David M. Dugan and Brigitte M. Gladis

8 minute read

April 14, 2014 | New York Law Journal

Gregg L. Weiner and Israel David of Fried, Frank, Harris, Shriver & Jacobson write: 'Facebook' provides some important lessons concerning disclosures of a "trend" identified intra-quarter that has not yet materially affected revenues, sales, or income, but which arguably should be disclosed because such a trend is "reasonably expected" to have a material effect.

By Gregg L. Weiner and Israel David

17 minute read

May 31, 2012 | New York Law Journal

Douglas H. Flaum and Israel David, partners at Fried, Frank, Harris, Shriver & Jacobson, write that the recent decisions of the Southern District of New York underscore that courts are disfavoring the argument that a confidential witness list is attorney work product.

By Douglas H. Flaum and Israel David

12 minute read

July 19, 2010 | New York Law Journal

Israel David and Adam M. Harris, a litigation partner and associate, respectively, of Fried, Frank, Harris, Shriver & Jacobson, discuss the significance of the conflict between the Securities Act and Class Action Fairness Act.

By Israel David and Adam M. Harris

14 minute read