Securities Litigation

  • The Legal Intelligencer | Commentary

    Second Circuit Applies Lenient Standards for Certifying Classes in Securities Litigation

    By Robert L. Hickok and Gay Parks Rainville | December 5, 2017

    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.

  • The Legal Intelligencer | Commentary

    Pay Ratio Is Still Here—The Relief Is New SEC Guidance That Offers Latitude

    By Katayun I. Jaffari and Mehrnaz (Naz) Jalali | November 6, 2017

    Pay ratio is still here. If you thought pay ratio was out the door when the new presidential administration came through in January of this year, you are not alone. However, the pay ratio rule has not been repealed by Congress.

  • New Jersey Law Journal

    Former Valeant Executive Denied Reconsideration in Securities Fraud Suit

    By Tom McParland | September 13, 2017

    The former head of Valeant Pharmaceuticals International Inc.' s dermatology division was unable to convince a court to end a class action lawsuit accusing the generic drugmaker and its executives of engaging in a massive scheme to fraudulently inflate the company's stock prices.

  • The Legal Intelligencer

    High Court Restores Protection Intended by Securities Statute of Repose

    By Robert L. Hickok 
and Gay Parks Rainville | September 1, 2017

    In a landmark 5-4 ruling issued earlier this summer, the U.S. Supreme Court held that the filing of a putative class action does not toll the three-year ­statute of repose for opt-out claims brought under Section 11 of the Securities Act of 1933 (Securities Act), in California Public Employees' Retirement System v. ANZ Securities, 137 S. Ct. 2042 (2017). By refusing to apply the equitable tolling rule of American Pipe & Construction Co. v. Utah, 414 U. S. 538 (1974), to the Securities Act's statute of repose (Section 13 of the act), the court restored the statute's purpose to protect defendants "from an interminable threat of liability."

  • The Legal Intelligencer

    $1M Award Upheld in Dad's RICO Case Against Daughter, Son-in-Law

    By P.J. D'Annunzio | August 21, 2017

    A federal judge has upheld a $1 million verdict in a civil Racketeer Influenced and Corrupt Organizations Act case filed by a man who claimed his daughter and son-in-law sabotaged his business by embezzling company funds and diverting them to their own company.

  • The Legal Intelligencer

    Where Have All of the Initial Public Offerings Gone?

    By Katayun I. Jaffari and Kimberly W. Klayman | August 8, 2017

    On June 29, the Securities and Exchange Commission (SEC) announced that it is permitting all companies to file the paperwork for an initial public offering (an IPO) without immediately disclosing the IPO to the public. Further, companies will be permitted to immediately withdraw an IPO filing. Previously, this "nonpublic review process," known as the "stealth IPO rules," was only available to emerging growth companies. As of July 10, when the so-called "stealth IPO rules" went into effect, all companies, including those that would not be classified as emerging growth companies, have been able to take advantage of a confidential IPO process.

  • Corporate Counsel

    Senior FCPA Counsel Leaves SEC to Join K&L Gates

    By Sue Reisinger | August 1, 2017

    K&L Gates has just pulled in its second top lawyer in the past year from the SEC.

  • New York Law Journal

    Reed Smith Battles Rival Firms Over Fees, Conflicts in SAC Capital Case

    By Christine Simmons | July 31, 2017

    Two plaintiffs firms are urging New York judges to deny Reed Smith's claim to $6.75 million in attorney fees for its work as co-counsel in a securities class action, claiming the traditionally defense-side firm misled them in stating it was free from conflicts.

  • Daily Business Review

    Greenberg Traurig Represents Medical Tech Company in $280M Deal

    By Carla Vianna | July 25, 2017

    A team of Greenberg Traurig lawyers helped pave the path for a Pennsylvania medical technology company's $280 million acquisition of a Swiss public company.

  • The Legal Intelligencer

    Gehris Family Trust v. Bowlorama, Inc., et al, PICS Case No. 17-0991 (C.P. Berks June 8, 2017) Sprecher, J. (5 pages).

    By thelegalintelligencer | The Legal Intelligencer | July 7, 2017

    The plaintiffs, minority shareholders in the defendant business, had knowledge of every shareholder meeting and participated in every vote; thus, their rights were not violated when the majority shareholders voted to sell corporate assets and they had no grounds to stop the sale. The court recommended affirmance of its order denying plaintiffs relief.

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