Photo via Shutterstock Particularized Pleading of Underlying Illegal Acts in the Second Circuit
A discussion of the Second Circuit securities case, 'Gamm v. Sanderson Farms' which provides companies responding to allegations of securities fraud based on failure to disclose illegal conduct ammunition to support a motion to dismiss.
September 11, 2020 at 10:49 AM
8 minute read
Earlier this year, several senior executives at various national chicken producers were indicted for allegedly conspiring between 2012 and 2017 to fix prices in violation of federal antitrust laws. See Indictment, 1:20-cr-00152-PAB (June 2, 2020); see also Press Release, Senior Executives at Major Chicken Producers Indicted on Antitrust Charges (June 3, 2020). The supposition that the chicken industry had engaged in such practices is not new, as alleged chicken price fixing has been making headlines and generating antitrust litigation since at least 2016. See, e.g., You Might be Paying Too Much for Chicken, New York Times (Nov. 3, 2016); Broiler Chicken Antitrust Litigation, No. 1:16-cv-08637 (N.D. Ill.).
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