November 27, 2023 | The Legal Intelligencer
Opt-Outs in Securities Class Action Settlements Are Creating Issues for LitigantsThe settlement documents refer to a blow provision but note that the triggering percentage is not being disclosed. This is done to avoid publicizing the number of opt-outs to parties who may try to disrupt the settlement because knowledge of the number may give them more incentive to do so.
By Jay A. Dubow, Joanna J. Cline and Milica Krnjaja
7 minute read
August 28, 2023 | The Legal Intelligencer
Continued Challenges Arising From SPAC-Related LitigationRecent decisions by the Delaware Court of Chancery demonstrate that when a SPAC transaction and the disclosures surrounding it are challenged, defendants may face an uphill battle to prevail on a motion to dismiss, especially where breach of fiduciary duty claims have been asserted.
By Jay A. Dubow, Joanna J. Cline and Erica H. Dressler
7 minute read
May 26, 2023 | The Legal Intelligencer
Constitutional Attacks Mount Against Federal Agency Proceedings in Wake of High Court DecisionWith the first post-Axon challenge already underway in the U.S. District Court for the Northern District of Georgia and a pending petition for writ of certiorari from a U.S. Court of Appeals for the Fifth Circuit decision declaring the SEC's administrative proceedings unconstitutional, we may soon see whether and how these judicial constraints on administrative proceedings will continue to develop in the aftermath of Axon.
By Jay A. Dubow, Joanna J. Cline and Angela Monaco
10 minute read
February 23, 2023 | The Legal Intelligencer
Navigating Securities Litigation in 2023: Trends for the New YearNewer trends—such as environmental, social, and governance (ESG), cybersecurity-related disclosure violations, and cryptocurrency regulation—are likely to provide further fuel for securities litigation and enforcement in the coming year.
By Jay A. Dubow, Joanna J. Cline and Kaitlin L. O'Donnell
9 minute read
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