Jay A Dubow

February 28, 2019 | The Legal Intelligencer

On Jan. 4, 2019, the U.S. Supreme Court granted certiorari in the matter, Emulex v. Varjabedian. A ruling by the Supreme Court will likely resolve a circuit split regarding the pleading standard for claims brought under Section 14(e) of the Securities Exchange Act of 1934 that was created by the U.S. Court of Appeals for the Ninth Circuit's decision in April 2018.

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

8 minute read

December 06, 2018 | The Legal Intelligencer

In a sign that the Securities and Exchange Commission (SEC) is continuing to aggressively scrutinize token sales and initial coin offerings (ICOs), offers and sales of digital assets conducted by organizations using distributed ledger or blockchain technology are often referred to as "initial coin offerings" or "token sales," the Division of Enforcement recently announced that it settled registration charges against two companies that sold unregistered digital tokens.

By Robert L. Hickok, Jay A. Dubow and Kate A. Stanley

10 minute read

September 04, 2018 | The Legal Intelligencer

On Aug. 13, a panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in a securities fraud class action, Khoja v. Orexigen Therapeutics, which could dampen a defendant's use of judicial notice and incorporation-by-reference to aid in its motion to dismiss, especially in the securities class action setting.

By Robert L. Hickok, Jay A. Dubow and Matthew D. Foster

13 minute read

May 25, 2018 | The Legal Intelligencer

More than 30,000 patients have signed up for the program and are now receiving medical marijuana from 12 grower/processors at the 14 dispensaries that have been approved and have opened across the commonwealth.

By Jay A. Dubow and Jessica K. Southwick

7 minute read

February 26, 2008 | Law.com

In Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc. and Regents of the Univ. of Calif. v. Merrill Lynch, the U.S. Supreme Court decided two cases that severely limit the "scheme liability" theory under which investment banks, auditors and other third parties had been charged with securities fraud as a result of their business-related dealings with public companies that had engaged in securities fraud.

By Jay A. Dubow and Thomas T. Watkinson II

9 minute read

September 25, 2007 | Law.com

Officers or directors of companies, or people who are thinking of taking a position as an officer or director of a company, need to consider the risk of liability they may face from being named in a lawsuit.

By Jay A. Dubow

9 minute read

July 10, 2006 | Connecticut Law Tribune

Imagine the following scenario: an officer of a large, publicly-traded corporation learns material, nonpublic and negative information about the health of the company. Trying to avoid massive losses on stock holdings, he or she decides to dispose of those holdings before the information in question becomes public.

By JAY A. DUBOW and BRIAN SLIPAKOFF

2 minute read

May 22, 2007 | Law.com

The U.S. Supreme Court recently heard arguments in a securities litigation action stemming from a 7th U.S. Circuit Court of Appeals opinion - Tellabs Inc. v. Makor Issues & Rights, Ltd. - and the case will be decided by the end of the court's term in June.

By Jay A. Dubow and Nicole G. Tell

9 minute read

December 06, 2012 | The Legal Intelligencer

As reported by Cornerstone Research, Advisen and others, the frequency and volume of shareholder derivative and class action lawsuits challenging mergers and acquisitions of U.S. public companies have skyrocketed in recent years.

By Robert L. Hickok, Jay A. Dubow and Gay Parks Rainville

10 minute read

October 23, 2006 | Law.com

The need for corporations to conduct internal investigations has exploded in the post-Enron/Sarbanes-Oxley (SOX) era and shows no sign of slowing, particularly given the recent deluge of stock option backdating cases that have been reported in the press.

By Jay A. Dubow and Myles A. Seidenfrau

10 minute read