Jay A Dubow

August 30, 2021 | The Legal Intelligencer

The U.S. Supreme Court is poised to determine whether state courts must stay discovery in lawsuits alleging violations of federal securities law while motions to dismiss are pending.

By Robert L. Hickok, Jay A. Dubow and Brian Callaway

7 minute read

May 28, 2021 | The Legal Intelligencer

In cases of multiple corrective disclosures, plaintiffs cannot always choose the most advantageous bounce-back period for calculating statutory damages caps.

By Robert L. Hickok, Jay A. Dubow and Sam Hatcher

7 minute read

February 25, 2021 | The Legal Intelligencer

When a public company discloses bad news, often its stock price declines and shareholders' investments similarly decline.

By Robert L. Hickok, Jay A. Dubow and Julian N. Weiss

8 minute read

December 01, 2020 | The Legal Intelligencer

After nearly a decade in operation, the U.S. Securities and Exchange Commission (SEC or commission) voted to amend the rules governing its whistleblower program, which Congress created in 2010 to assist the SEC in discovering and prosecuting securities law violations by providing "monetary incentives for individuals to come forward and report possible violations of the federal securities laws to the SEC."

By Robert L. Hickok, Jay A. Dubow and Kaitlin Meola

8 minute read

September 01, 2020 | The Legal Intelligencer

Standing alone, the Halliburton II decision offers a deceivingly simple rule for lower courts to apply when deciding whether to certify a class where the plaintiffs invoke, and the defendants attempt to rebut, the fraud-on-the-market theory.

By Robert L. Hickok, Whitney R. Redding and Jay A. Dubow

11 minute read

May 28, 2020 | The Legal Intelligencer

A consistent theme has emerged in the SEC's COVID-19 response: the commission wants to offer flexibility to account for unavoidable difficulties that have arisen due to the pandemic, but the law still applies.

By Robert L. Hickok, Jay A. Dubow and Whitney R. Redding

14 minute read

February 27, 2020 | The Legal Intelligencer

The OCIE report adds significantly to this point by illuminating the policies and procedures that organizations are implementing to prevent cybersecurity threats and address incidents if or when they occur.

By Robert L. Hickok, Jay A. Dubow and Robyn R. English-Mezzino

12 minute read

December 02, 2019 | The Legal Intelligencer

Clarifying the scope of the U.S. Supreme Court's 2017 decision Kokesh v. Securities Exchange Commission, the U.S. Court of Appeals for the Third Circuit has found that "obey the law" injunctions and industry bars in SEC enforcement actions are not "penalties" subject to the federal five-year statute of limitations.

By Robert L. Hickok, Jay A. Dubow and Kaitlin L. O'Donnell

6 minute read

August 30, 2019 | The Legal Intelligencer

The U.S. Court of Appeals for the Third Circuit recently reiterated the long-standing principles that a defendant's alleged misrepresentations may be rendered immaterial by a defendant's sufficient disclosure of information; and even if alleged misrepresentations are materially misleading, a Rule 10b-5 claim may still fail if the allegations do not demonstrate a strong inference of scienter.

By Robert L. Hickok, Jay A. Dubow and Erica H. Dressler

6 minute read

June 03, 2019 | The Legal Intelligencer

The Private Securities Litigation Reform Act of 1995 (the PSLRA) brought much needed changes to securities litigation and was intended to limit frivolous lawsuits by curious and suspicious plaintiffs.

By Robert L. Hickok, Jay A. Dubow and Benjamin J. Eichel

7 minute read