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Searching Content indexed under Corporate/Commercial Law by Shearman & Sterling LLP ordered by Published Date Descending.
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1
The Climate Changes For ESG
Concern for environmental and social issues has reached an inflection point. While traditional governance issues that have been a staple of investor advocacy and discussion
United States
16 Sep 2019
2
Shearman & Sterling Releases 17th Annual Corporate Governance & Executive Compensation Survey
Shearman & Sterling released the 17th Annual Corporate Governance & Executive Compensation Survey, featuring a special focus on Environmental, Social and Governance (ESG) issues.
United States
13 Sep 2019
3
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
4
Overview Of Public Merger & Acquisition Regulations In The Kingdom Of Saudi Arabia
Overview Of Public Merger & Acquisition Regulations In The Kingdom Of Saudi Arabia
Saudi Arabia
5 Sep 2019
5
SEC Proposes Modifications To Cross-Border Application Of Security-Based Swaps Regime
The Securities and Exchange Commission (SEC) continues to take steps toward implementation of its security-based swap (SBS) dealer registration framework. A particular area of concern for market participants has been
United States
5 Sep 2019
6
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
7
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
8
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
9
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
10
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
11
Northern District Of California Dismisses Putative Securities Class Action For The Second Time Against Generic Drug Maker For Inadequate Pleading, This Time Without Leave To Amend
On August 12, 2019, Judge Haywood S. Gilliam, Jr. of the United States District Court for the Northern District of California dismissed without leave to amend a putative securities class action against a pharmaceutical company...
United States
21 Aug 2019
12
Risks For Consummated Deals Even Where No Notification Requirements
In a number of jurisdictions, antitrust authorities may challenge consummated mergers even when the parties were not required to report those deals
United States
19 Aug 2019
13
SEC Proposes To Modernize Risk Factor, Business Description And Legal Proceedings Disclosure Rules
On August 8, 2019, the U.S. Securities and Exchange Commission (SEC) proposed amendments (the "Proposed Rule") to modernize its existing requirements for how companies disclose risk factors
United States
15 Aug 2019
14
District Of New Jersey Allows Class Action Based On Alleged Price-Fixing To Proceed Against Pharmaceutical Company
The Court also held that plaintiffs adequately alleged scienter. The Court credited allegations that the company had received a subpoena in a federal investigation of price-fixing and had been named in suits filed by state attorneys general.
United States
14 Aug 2019
15
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
16
Eastern District Of New York Dismisses Putative Class Action Against Pharmaceutical Company For Failure To Adequately Allege Misstatements And Scienter
Plaintiff alleged that defendants made misrepresentations in connection with disclosures concerning the company's compliance with internal controls, earnings forecasts, and regarding the valuation of goodwill and intangible assets.
United States
14 Aug 2019
17
SEC Chairman Announces Significant Changes To Commission Procedures For Considering Disqualification Waivers
On July 3, 2019, Chairman Jay Clayton of the Securities and Exchange Commission (SEC) issued a Statement Regarding Offers of Settlement (the "Public Statement") to announce a significant shift in the SEC's process of...
United States
9 Aug 2019
18
Southern District Of New York Grants Reconsideration And Dismisses Exchange Act Claims Against Underwriter Of Regulation A+ Offering, Finding Plaintiffs Failed To Adequately Allege Scienter
On July 29, 2019, Judge Denise Cote of the United States District Court for the Southern District of New York granted reconsideration of her prior decision and dismissed securities fraud claims
United States
8 Aug 2019
19
Tougher Implementation Of Procedural Rules In Merger Control
Very significant fines have been levied for procedural breaches of the merger rules in the last year or so.
United States
31 Jul 2019
20
CMA Announces New Rules For Ownership In Listed Companies By Foreign Strategic Investors
The FSI Instructions have removed the existing limit on the foreign ownership of a Saudi-listed company for foreign strategic investors (FSIs) that meet the FSI Instructions' criteria, allowing them to take controlling stakes in Saudi-listed companies.
United States
30 Jul 2019
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