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New York Law Journal

SEC Amends 13D, But Loopholes Remain

On Oct. 10, 2023, the SEC adopted rule amendments to Schedule 13D/13G reporting of beneficial ownership. This article identifies what the authors feel are "certain information asymmetries" in the rules.
10 minute read

Corporate Counsel

High Interest Rates Derail Grand Plans, Make Companies Vulnerable to Failure-to-Disclose Suits

Nuclear reactor company NuScale Power's failed Idaho project has spurred at least one lawsuit so far from plaintiff attorneys who say executives' comments about the likelihood of pulling it off were overly rosy.
5 minute read

Daily Business Review

'Pandora's Box Is Open and Doing Business': Miami Attorney Offers 2024 Outlook

"If you're doing just transactional work, you may want to look at expanding your horizons," -Attorney Gary Davidson predicts new trends for the new year.
5 minute read

Connecticut Law Tribune

Shareholder Lawsuit Faults Biotech Company's Clinical Trials

The plaintiffs accuse the defendants of breach of fiduciary duty, issuing false and misleading proxy statements, wasting corporate assets and unjust enrichment since December 2021.
3 minute read

National Law Journal

SEC Finalizes Rule Addressing Conflicts of Interest in Securitizations

"Taken together, the final rule will help address conflicts of interest arising when securitization participants take positions against ABS [asset-backed security] investors' interests," SEC Chair Gary Gensler said.
3 minute read

Delaware Business Court Insider

Aerospace Co. RTX Faulted for Engine Safety Oversight in New Delaware Suit

Farnan LLP and the Oklahoma firm Federman & Sherwood represent the plaintiff, a shareholder of RTX, which was Raytheon Technologies until the company rebranded in July.
3 minute read

Law.com

In What Could Be a Trend, Ransomware Operation Files SEC Complaint Against Victim for Failing to Timely Disclose Cyberattack

Dr. Ilia Kolochenko, chief architect at ImmuniWeb and an adjunct professor of cybersecurity and cyber law at Capitol Technology University, told Law.com that the increase of SEC filings by threat actors was expected due to the SEC's recent adoption of rules requiring companies to report attacks that could influence investment decisions.
3 minute read

The American Lawyer

'We Have That': Latham's Litigation Skill Set is Made for the Most Complex Matters

As one of our Litigation Department of the Year finalists, Latham's focus on becoming a go-to litigation shop on the thorniest of issues has meant adding a breadth of skill sets that can aid clients through a modern-day approach to disputes.
5 minute read

The Legal Intelligencer

Opt-Outs in Securities Class Action Settlements Are Creating Issues for Litigants 

The settlement documents refer to a blow provision but note that the triggering percentage is not being disclosed. This is done to avoid publicizing the number of opt-outs to parties who may try to disrupt the settlement because knowledge of the number may give them more incentive to do so.
7 minute read

New York Law Journal

Expanding the Scope of 'Securities-Related' Exception to the Class Action Fairness Act

In 'Krasner', the Second Circuit considered whether the securities-related exception to the federal jurisdiction conferred by CAFA prohibited removal to federal court of a class action alleging aiding and abetting the breach of fiduciary duties and tortious interference claims. This decision is another instance where the circuit has adopted an expansive interpretation of the exception.
7 minute read

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