Mark D Harris

December 14, 2020 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris discuss 'In re BofI Holding, Inc. Sec. Litig.', in which a divided Ninth Circuit panel grappled with two types of disclosures: those that originate in whistleblower complaints, and those based on publicly available information. The decision nicely embodies a number of the tensions at play in the jurisprudence of loss causation.

By Margaret A. Dale and Mark D. Harris

8 minute read

October 13, 2020 | New York Law Journal

This article begins by discussing the relevant factual background of In re Anthem-Cigna and then proceeds to discuss three takeaways that companies should keep in mind for future transactions, write Corporate and Securities Litigation columnists Margaret A. Dale and Mark D. Harris.

By Margaret A. Dale and Mark D. Harris

8 minute read

June 15, 2020 | New York Law Journal

In their Corporate and Securities Litigation, Margaret A. Dale and Mark D. Harris discuss the most recent putative class action lawsuits related to COVID-19, and concludes by evaluating implications for future lawsuits.

By Margaret A. Dale and Mark D. Harris

8 minute read

February 26, 2020 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris discuss a recent Delaware Supreme Court insurance-coverage ruling, which serves as a reminder of the importance of carefully reviewing and negotiating the definitions and provisions of policies before they become the subject of litigation.

By Margaret A. Dale and Mark D. Harris

7 minute read

October 16, 2019 | New York Law Journal

In their Corporate and Securities Litigation, Margaret A. Dale and Mark D. Harris discuss a recent Delaware Supreme Court decision in 'Tiger v. Boast Apparel', holding that documents produced pursuant to books-and-records inspection requests under §220 of the Delaware General Corporation Law are not subject to a presumption of confidentiality. Rather, while courts can impose confidentiality restrictions in appropriate cases, there must be some justification that the confidentiality is necessary and indefinite periods of confidentiality should be the exception and not the rule.

By Margaret A. Dale and Mark D. Harris

8 minute read

August 13, 2019 | New York Law Journal

Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale discuss a recent opinion issued by the U.S. Bankruptcy Court for the District of Delaware, which held that a liquidation trustee who brought claims initially raised in an adversary proceeding by an unsecured creditors committee did not have standing to assert derivative claims on behalf of the debtor. The ruling raises a number of questions, which the authors address.

By Margaret A. Dale and Mark D. Harris

6 minute read

February 26, 2019 | Delaware Law Weekly

Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: So-called “event-driven” securities class actions are on the rise, with data breaches representing one of the most significant categories of events driving this trend. How the courts will treat the proposed settlements that arise in these cases remains to be seen.

By Mark D. Harris and Margaret A. Dale

8 minute read

February 21, 2019 | New York Law Journal

Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: So-called “event-driven” securities class actions are on the rise, with data breaches representing one of the most significant categories of events driving this trend. How the courts will treat the proposed settlements that arise in these cases remains to be seen.

By Mark D. Harris and Margaret A. Dale

8 minute read

December 21, 2018 | New York Law Journal

In their Corporate and Securities Litigation column, Margaret Dale and Mark Harris analyze the significance of the Department of Justice's new guidance on the requirements for corporate cooperation credit as it pertains to investigations and defense.

By Margaret A. Dale and Mark D. Harris

6 minute read

October 09, 2018 | New York Law Journal

Corporate and Securities Litigation columnists Margaret A. Dale and Mark D. Harris write: This June, the U.S. Securities and Exchange Commission published a draft of its strategic plan, which outlines the SEC's policy priorities through 2022. The agency set three main goals, which appear to be responsive to changes in the marketplace and the SEC's focus.

By Margaret A. Dale and Mark D. Harris

8 minute read