Oct 08, 2024 Eastern District of Michigan Applies Supreme Court’s Decision in Goldman to Deny Class Certification in Securities Fraud Litigation By Sarah Eichenberger Kevin Broughel Patrick McCusker On September 30, 2024, the U.S. District Court for the Eastern District of Michigan issued an opinion in Shupe v. Rocket Companies, Inc.,...
Jul 01, 2024 SCOTUS Set To Weigh In On the PSLRA’s Heightened Pleading Standards By Jonathan Rotenberg By Jonathan Rotenberg and Audrey Nelson The Supreme Court will review the Ninth Circuit’s decision in Ohman v. Nvidia Corp., which...
Apr 23, 2024 Whistleblower Rewards Program Update: DOJ Explains and Expands Pilot Program for Voluntary Disclosures By Ryan Meyer Ryan Dean On April 15, the Department of Justice (DOJ) publicly released a memorandum fleshing out its previously announced corporate whistleblower...
Apr 15, 2024 Supreme Court Rejects 'Pure Omissions' Liability Under Rule 10b-5 By Sarah Eichenberger Kevin Broughel On April 12, a unanimous Supreme Court held that issuers are not liable under Rule 10b-5(b) for “pure omissions.” The Court’s decision...
Apr 02, 2024 Challenges to Advance Notice Bylaws Are Spiking By Jonathan Rotenberg Thomas Artaki The last three months have seen a jump in shareholder lawsuits challenging “advance notice” provisions in company bylaws. Advance notice...
Feb 02, 2024 Supreme Court Considers Whether Pure Omissions Can Support Section 10(b) Liability By Sarah Eichenberger On January 16, 2024, the U.S. Supreme Court held oral argument on a question that could have significant consequences for securities...
Aug 28, 2023 The Second Circuit Agrees: Loans are Not Securities By Amanda Segal Lori Jacobs In a highly anticipated decision, the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision in...
Jul 18, 2023 Greater Obstacles for Section 11 Plaintiffs Given Recent US Supreme Court Ruling on 'Slack Technologies v. Pirani' By Brandon Bucio On June 1, 2023, the US Supreme Court held in a unanimous decision in Slack Technologies LLC v. Pirani that Section 11 of the Securities...
Jul 17, 2023 SEC Sends Ominous Warning to CISOs and Cybersecurity Professionals With Wells Notice Concerning SolarWinds Breach By Trisha Sircar On June 23, 2023, SolarWinds disclosed in its most recent Form 8-K filing that “certain current and former executive officers and...
May 16, 2023 SEC No-Action Letters on Proxy Materials and Other Developments Reinforce Commission-Wide Commitment to ESG By Richard Zelichov Trevor Garmey Any doubts about the commitment of the Securities and Exchange Commission (SEC or Commission) to environmental and social governance...
Apr 13, 2023 SEC’s ESG Task Force Racks Up Another Win — Dam Collapse Becomes $55 Million Securities Fraud By Johnjerica Hodge The Securities and Exchange Commission’s (SEC) Climate and ESG Task Force has scored another victory quickly on the heels of its recent...
Mar 06, 2023 SPAC Groundhog Day By Richard Zelichov Mark Wood On March 1, 2023, the Delaware Court of Chancery issued its third decision concerning fiduciary duties in connection with de-SPAC...
Mar 03, 2023 Corporate Bond ETFs May Come Under The Regulatory Microscope By Peter Wilson Judging from this framing by the Financial Times, an obscure debate over bond liquidity may prompt regulatory scrutiny. Corporate bond...
Feb 10, 2023 SEC’s ESG Task Force Strikes Again By Johnjerica Hodge Ryan Meyer India Williams Activision Blizzard Workplace Misconduct Allegations Transformed into Securities Violations In another victory for the Securities and...
Feb 09, 2023 Delaware Court of Chancery Ruling Imposes a Fiduciary Duty of Oversight on Corporate Officers By Sarah Eichenberger Jonathan Rotenberg On January 26, 2023, the Delaware Court of Chancery resolved a long-standing ambiguity in Delaware law, clarifying, for the first time,...
Feb 01, 2023 Whistleblower Complaint Capitalizes on SEC Interest in Sustainability Fraud By Chris Cole Multiple news outlets recently reported that the activist group Mighty Earth filed a whistleblower tip, which it styled as an informal...