Robert L Hickok

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

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

June 04, 2018 | The Legal Intelligencer

Nearly 45 years ago, the U.S. Supreme Court handed down its landmark decision in American Pipe & Construction v. Utah, 414 U.S. 538, 553 (1974), holding that the filing of a class action “tolls the running of the statute of limitations for all purported members of the class who make timely motions to intervene after the court has found the suit inappropriate for class action status.”

By Robert L. Hickok and Gay Parks Rainville

2 minute read

March 14, 2018 | The Legal Intelligencer

Earlier this year, a panel of the U. S. Court of Appeals for the Second Circuit issued an opinion in the securities fraud action, Arkansas Teachers Retirement System v. Goldman Sachs Group, 879 F.3d 474 (2d. Cir. 2018), that provides district courts with long-overdue guidance for assessing a defendant's rebuttal evidence at the class certification stage.

By Robert L. Hickok and Gay Parks Rainville

10 minute read

December 05, 2017 | The Legal Intelligencer

On Nov. 6, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued an opinion in Waggoner v. Barclays, No. 16-1912, 2017 U.S. App. LEXIS 22115 (2d Cir. Nov. 6, 2017), that—if allowed to stand—will make it significantly easier for plaintiffs to obtain class certification in actions alleging violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78j(b), and Securities and Exchange Commission Rule 10b-5 (10(b) actions) against large, publicly traded companies.

By Robert L. Hickok and Gay Parks Rainville

11 minute read