Searching Content indexed under Trials & Appeals & Compensation by Joel Rothman ordered by Published Date Descending.
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Delaware Chancery Court Holds Corporations Cannot Enact Federal Forum Provisions To Bypass Cyan And Preclude State Courts From Hearing Securities Act Claims
In 2017, courts across this country were split on whether plaintiffs could assert a class action alleging claims under the Securities Act of 1933 (which provides a private right of action
United States
21 Jan 2019
Court Allows Volkswagen Bondholder Action To Proceed, But Expresses Doubts About The Plaintiff's Ability To Certify A Class
As we previously noted in this post, the United States District Court for the Northern District of California dismissed the Volkswagen Bondholder Plaintiff's first amended complaint, with leave to amend, ...
United States
4 Oct 2018
In Khoja, The Ninth Circuit Limits Defendants' Ability To Argue Facts In A Motion To Dismiss
In Khoja v. Orexigen Therapeutics, Inc., the Ninth Circuit clarified the "rare circumstances" when a court may review documents extraneous to the pleadings in ruling on a motion to dismiss.
United States
20 Sep 2018
Ninth Circuit Holds Transactions In Unsponsored Adrs Can Be "Domestic" Under Morrison
The Toshiba Securities Litigation stems from alleged violations of the Exchange Act, as well as the Financial Instruments and Exchange Act of Japan, against Toshiba Corp. ...
United States
21 Aug 2018
Petrobras Court's Denial Of Plaintiffs' Request For Confidential Treatment Of Opt-Out Provisions Could Undermine The Settlement Process
On Tuesday, February 6, 2018, United States District Judge Jed S. Rakoff denied class counsel's request to file under seal three supplemental agreements ...
United States
16 Feb 2018
U.S. Supreme Court Holds That The Filing Of A Class Action Does Not Toll The Securities Act's Statute Of Repose
The issue in the case was whether the filing of a class action tolls the three-year deadline for class members to file a claim under the Securities Act.
United States
5 Jul 2017
Court Overseeing The Valeant Securities Litigation Issues A Highly Anticipated Decision Ruling That Alleged Misstatements In Rule 144A Offerings Are Not Actionable Under Section 12(a)(2)
In an April 28, 2017 ruling on a motion to dismiss in the In re Valeant Pharmaceuticals International, Inc. Securities Litigation, the U.S. District Court for the District of New Jersey...
United States
19 May 2017
Court In The BP p.l.c. Securities Litigation Upholds Opt-Out Procedures But Then Allows Individual Action Plaintiffs To Opt Back Into $175 Million Settlement
On November 4, 2016, Judge Keith Ellison of the United States District Court for the Southern District of Texas granted preliminary approval of a $175 million settlement in the federal securities class action.
United States
1 Dec 2016
Virtus Investment Partners Asks The Court To Certify For Interlocutory Appeal Its Decision On Loss Causation Concerning Mutual Fund Disclosures
Although this blog is focused typically on opportunities for institutional investors to recover losses as class members or plaintiffs, we think this decision in Youngers v. Virtus Investment Partners, Inc., may also be of interest.
United States
14 Sep 2016
Dutch Foundation Dismissed For Inadequate Safeguarding Of Members' Interests
On June 29, 2016, the Dutch Court of East Brabant dismissed a foundation's claims against Rabobank Group for alleged unlawful selling of interest rate swaps...
United States
20 Jul 2016
Dutch Foundations Negotiate €1.204 Billion Settlement With Ageas, Formerly Fortis
Following up on our December 15 post on the debate over the best strategy to recover foreign securities losses, a collection of Dutch Foundations (known as Stichtings) negotiated a substantial collective settlement...
United States
30 Mar 2016
SEC's Charges Provide Support For Class Plaintiffs' Allegations In The Ocwen Securities Litigation
Since this partial denial of the defendants' motion to dismiss, the SEC has issued another order ("Ocwen Order") supporting the Court's decision regarding the scienter allegations.
United States
19 Feb 2016
Court Orders Plaintiffs To Pay Defendants' $13.3 Million Appellate Costs In Lawrence E. Jaffe Pension Plan v. Household International
In October of 2013, the jury ruled in favor of plaintiff class members and judgment entered for approximately $2.4 billion.
United States
13 Nov 2015
The Credit Default Swap Settlement – Antitrust Cases Provide Recovery Opportunities For Institutional Investors
Recently, class plaintiffs moved for the preliminary approval of a $1.865 billion settlement of the Credit Default Swap Antitrust Litigation.
United States
6 Nov 2015
U.S. Courts Continue To Deny Attempts To Bring Foreign Law Actions In U.S. Courts To Recover For Potential Losses In Foreign Transactions
In the wake of Morrison v. National Australia Bank, securities plaintiffs are no longer able to assert claims under the U.S. securities laws to recover potential losses for transactions that occur on non-U.S. exchanges.
United States
17 Sep 2015
D.C. Circuit Holds "Boilerplate" Forward-Looking Statements Are Not Entitled To PSLRA's "Safe Harbor"
This holding is significant for instutional investors, since it means that defendants cannot invoke the protection of the PSLRA's safe harbor when, despite boilerplate cautionary language, their statements are nonetheless misleading.
United States
5 Aug 2015
Australia – A New Frontier for Plaintiffs?
Plaintiffs' attorneys in Australia frequently announce new investigations and/or "class actions" relating to what they see as fraudulent conduct.
24 Jul 2015
Upcoming Supreme Court Securities Cases
As the Supreme Court begins its 2014-15 term this month, it will be considering a number of securities cases, including the Omnicare case, which is scheduled for oral argument on November 3rd, and three other cases in which petitions for certiorari are currently pending before the Court.
United States
2 Oct 2014
A Quick Glance: The Two Central Holdings From The U.S. Supreme Court’s Decision In Halliburton
The Supreme Court held that the presumption of reliance based on the fraud-on-the-market theory continues to apply to certain securities class actions.
United States
25 Jun 2014
Three Options For Institutional Investors Pursuing Claims Against Non-U.S. Issuers In The Wake Of Morrison And City Of Pontiac
The Supreme Court decided that Section 10(b) of the Securities Exchange Act of 1934 only reaches "transactions in securities listed on domestic exchanges" and "domestic transactions in other securities".
United States
22 May 2014
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