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Searching Content indexed under Trials & Appeals & Compensation by Shearman & Sterling LLP ordered by Published Date Descending.
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1
Southern District Of New York Dismisses In Part Securities Fraud Claims Against Major Industrial Conglomerate, Allowing Claims Based Upon Factoring In Financial Filings To Proceed
On August 29, 2019, Judge Jesse M. Furman of the U.S. District Court for the Southern District of New York dismissed most of the securities fraud claims
United States
12 Sep 2019
2
Southern District Of Florida Dismisses Putative Class Action Against Beverage Company For Failure To Adequately Allege Misstatements, Scienter And Loss Causation
On August 29, 2019, Judge K. Michael Moore of the United States District Court for the Southern District of Florida dismissed a putative class action against National Beverage Corporation and certain of its officers ...
United States
5 Sep 2019
3
Second Circuit Holds That Commodities Exchange Act Antifraud And Private Right Of Action Provisions Do Not Apply Extraterritorially
On August 29, 2019, the United States Court of Appeals for the Second Circuit affirmed the dismissal of an action under the Commodities Exchange Act alleging that defendants manipulated the foreign benchmark ...
United States
5 Sep 2019
4
Southern District Of New York Dismisses Putative Class Action Against Digital Services Company For Failure To Adequately Allege Misstatements And Scienter
On August 28, 2019, Judge Lorna G. Schofield of the United States District Court for the Southern District of New York dismissed a putative class action against the digital services and development company Synacor, Inc. ...
United States
5 Sep 2019
5
Second Circuit Finds New Private Right Of Action Under Investment Company Act Of 1940
Rejecting a widely-held consensus, on August 5, 2019, the United States Court of Appeals for the Second Circuit held that Section 47(b)(2)
United States
5 Sep 2019
6
District Of Maryland Dismisses Exchange Act Claims For Failure To Adequately Allege Scienter
On August 19, 2019, Judge Richard Bennett of the United States District Court for the District of Maryland dismissed a putative securities class action involving claims brought under Sections 10(b)
United States
28 Aug 2019
7
Fifth Circuit Affirms Dismissal Of Putative Securities Class Action Against Home Furnishings Retailer For Failure To Adequately Allege Scienter
On August 19, 2019, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal by a Northern District of Texas court of a putative securities class action asserting a Section 10
United States
28 Aug 2019
8
EU Antitrust Litigation: An Update
As of mid-2018, the Damages Directive (Directive) has been incorporated across all European Union (EU) Member States.
European Union
27 Aug 2019
9
In Re Vitamin C Antitrust Litigation
In January 2018, the U.S. Supreme Court granted certiorari in In re vitamin C Antitrust Litigation, the first lawsuit in U.S. history where the Chinese government has intervened to take a position
United States
20 Aug 2019
10
New York State Court Holds PSLRA Bars Discovery In State Securities Act Cases Pending A Motion To Dismiss
Justice Borrok rejected arguments from plaintiffs that the PSLRA's invocation of the Federal Rules of Civil Procedure in connection with discovery obligations implied that the PSLRA only governed in actions brought in federal court.
United States
14 Aug 2019
11
United States Supreme Court Accepts The Importance Of Two-Sided Markets Analysis
On June 25, 2018, the U.S. Supreme Court, in a 5-4 decision by Justice Thomas, held that provisions in American Express Company's contracts with merchants that restricted the ability of these merchants...
United States
13 Aug 2019
12
Moving Past Actavis With Evolving Lifecycle Management Strategies
For nearly two decades, reverse payments have been the perennial focus in the pharmaceutical industry and among antitrust professionals.
United States
8 Aug 2019
13
Southern District Of New York Dismisses Putative Class Action Against Building Materials Company For Failure To Adequately Allege Misstatements And Scienter
On July 12, 2019, Judge Valerie Caproni of the United States District Court for the Southern District of New York dismissed a putative securities class action brought against the building materials
United States
29 Jul 2019
14
Fifth Circuit Affirms Dismissal Of Class Action Against Pipeline Operator For Failure To Adequately Allege Misstatements Or Scienter
On July 16, 2019, the United States Court of Appeals for the Fifth Circuit affirmed a decision by the United States District Court for the Northern District of Texas that dismissed a putative class
United States
29 Jul 2019
15
New York Supreme Court Dismisses Securities Act Of 1933 Claims, Holding That Plaintiffs' Allegations Of Misleading Statements Are Inactionable Forward-Looking Statements Or Opinions Under Omnicare
Defendants moved to dismiss the amended complaint, requesting that the Court apply the heightened pleading standards under CPLR 3016(b), the state court analogue to Rule 9(b) of the Federal Rules of Civil Procedure.
United States
25 Jul 2019
16
Federal Court Denies Motion To Dismiss Section 20A Insider Trading Claims, Finding Plaintiffs Sufficiently Pleaded Scienter Where Allegations Were "Equally Compelling" As The Opposing Inference
On July 1, 2019, Judge Michael A. Shipp of the United States District Court for the District of New Jersey denied a motion to dismiss a complaint alleging insider trading in violation of Section 20A
United States
16 Jul 2019
17
M&A Watch — Caremark Unfrozen: Delaware Supreme Court Revisits Oversight Claims
The Delaware Supreme Court recently took the opportunity to revisit Caremark with its en banc decision in Marchand v. Barnhill, No. 533, 2018
United States
12 Jul 2019
18
Texas Supreme Court Agrees To Review Controversial Ruling Regarding Texas Partnerships
On June 28, 2019, the Texas Supreme Court agreed to review a ruling from the Fifth Court of Appeals in Dallas in the case of Energy Transfer Partners LP et al. v. Enterprise Products Partners LP et al, No. 529 S.W.3d 531...
United States
8 Jul 2019
19
District Of Connecticut Certifies Class In Cryptocurrency Mining Suit, Holding That Proposed Class Could Establish Reliance Based On Common Proof
On June 21, 2019, Judge Michael P. Shea of the United States District Court for the District of Connecticut granted plaintiffs' motion to certify a class of investors in an action alleging that two cryptocurrency companies falsely
United States
4 Jul 2019
20
Supreme Court Extends Scope Of Confidential Information Disclosure Exemption Under Freedom Of Information Act
On June 24, 2019, the United States Supreme Court, in an opinion by Justice Gorsuch, held that information that "is both customarily and actually treated as private by its owner and provided to the government under an assurance...
United States
4 Jul 2019
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