Defending Section 162(m) Executive Compensation Derivative Suits in the...
Decisions regarding executive compensation fall squarely within the discretion of a public company’s board of directors. Recently, however, plaintiffs’ firms have been trying to invade the board’s...
View ArticleSCOTUS Ruling in Amgen Case Allows Plaintiffs to Certify Securities Classes...
In Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, 568 U.S. ___ (2013), decided on February 27, 2013, the Supreme Court of the United States affirmed the Ninth Circuit’s ruling...
View ArticleDelaware Supreme Court in Pyott Reverses Chancery Court Ruling That...
The Delaware Supreme Court in Pyott v. Louisiana Municipal Police Employees’ Retirement System reversed on April 4 a controversial ruling by the Chancery Court that a California federal court’s...
View ArticleRestricting Shareholders’ Ability to Challenge Corporations: Delaware...
The U.S. state of Delaware’s courts, particularly the Court of Chancery, are usually thought of as doughty protectors of shareholder rights. But some recent decisions have, in fact, narrowed such...
View ArticleNinth Circuit Rules that Say-On-Pay Suit Belongs in State Court
In a recent ruling, the United States Court of Appeals for the Ninth Circuit concluded that certain related shareholder derivative suits arising out of a say-on-pay decision involving Pico Holdings,...
View ArticleSeventh Circuit Increasingly Problematic for Directors and Officers Defending...
With its recent decision in Westmoreland County Employee Retirement System v. Parkinson, et al., the United States Court of Appeals for the Seventh Circuit has confirmed that the courts of the Seventh...
View ArticleIn Halliburton II, SCOTUS Upholds Presumption of Reliance in Securities Fraud...
In a decision that has important implications for both plaintiffs and defendants in securities class actions, the Supreme Court of the United States in Halliburton Co. v. Erica P. John Fund, Inc....
View ArticleDelaware Supreme Court Confirms Exculpatory Clauses Have Teeth, and Can Be...
In a decision with important implications for directors of public companies, the Delaware Supreme Court overturned two Chancery Court opinions and ruled that independent directors facing breach of duty...
View ArticleUS$1.3 Billion Fortis Settlement Ushers in New Era in Globalization of...
A closely-watched set of claims stemming back to the 2008 global financial crisis has settled for a massive €1.204 billion (US$1.3 billion), making it one of the highest settlements ever and ushering...
View ArticleDechert survey: Developments in securities fraud class actions against U.S....
Life sciences companies continued to be popular targets of securities fraud class action lawsuits filed in 2016, and prudent life sciences companies should take heed of the results of this year’s...
View ArticleNinth Circuit Extends Omnicare to Section 10(b) Overturning Prior Falsity...
As popular targets for investor suits, officers and directors of public companies have another tool to defend against securities class actions, and specifically claims relating to the recording of...
View ArticleUS Supreme Court Holds that 3-Year Time Limit to Challenge Registration...
Officers, directors, and underwriters frequently become targets of securities fraud litigation after a public offering. In a landmark case decided yesterday, the U.S. Supreme Court provides defendants...
View ArticleDevelopments in Global Securities Litigation
As securities markets become increasingly interconnected, multi- national public corporations continue to be a part of a significant sea change in the globalization of securities fraud litigation—a...
View ArticleDechert survey: Developments in securities fraud class actions against U.S....
2017 was a record year for class action securities litigation, and life sciences companies continued to be popular targets of such lawsuits. During 2017, plaintiffs filed a total of 88 class action...
View ArticleDechert Survey: Developments in U.S. Securities Fraud Class Actions Against...
Life sciences companies were popular targets of class action securities lawsuits in 2018. In the most recent edition of our annual survey, Dechert litigators David H. Kistenbroker, Joni S. Jacobsen and...
View ArticleSupreme Court Rules that Employees Who Disseminate False Statements Drafted...
Striking a blow to employees who send communications at the behest of others, the Supreme Court held yesterday that those who “disseminate” false statements with the intent to defraud—even if they did...
View ArticleDelaware Supreme Court Rules that Corporations Can Require Securities Act...
Key Takeaways - Salzberg, et al. and Blue Apron Holdings, Inc., et al. v. Sciabacucchi, Case No. 346, 2019, 2020 WL 1280785 (Del. Mar. 18, 2020), is a landmark decision critically important to...
View ArticleCOVID-19 Coronavirus Business Impact: Securities Litigation & Enforcement Update
Event-driven litigation continues to fuel the rise of securities class actions against public companies, and that has certainly been the case with COVID-19 related litigation. Pandemic-related events...
View ArticleState Courts Continue to Enforce Federal Forum Provisions
Corporations started inserting federal forum provisions in light of the decision of the United States Supreme Court in Cyan, Inc. v. Beaver County Employees Retirement Fund, 138 S. Ct. 1061 (“Cyan”)...
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