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United States
Cadwalader, Wickersham & Taft LLP
Hedge fund managers have a state tax gating issue when it comes to adding crypto to their assets under management. Generally, states such as New York...
Dechert
On February 6, 2024, the SEC staff posted a new Marketing Rule FAQ that will be important to many private equity and private credit managers.
Dechert
On April 12, 2024, the unanimous United States Supreme Court confirmed that the mere fact of an issuer's silence does not give rise to a private claim under Rule 10b-5(b)...
Wolf Popper
On March 29, 2024, Lead Plaintiff Wayne County Employees' Retirement System filed an Amended Complaint in the National Instruments securities class action.
Kramer Levin Naftalis & Frankel LLP
On April 12, a unanimous Supreme Court held in Macquarie Infrastructure Corp. v. Moab Partners, L.P. that material omissions are actionable under Section 10(b) of the Exchange Act...
Linklaters
Resolving a split among the circuit courts, the U.S. Supreme Court has issued a unanimous decision in Macquarie Infrastructure Corp. v. Moab Partners limiting a private plaintiff's ability...
K&L Gates
On 15 April 2024, Cboe BZX Exchange, Inc. (Cboe) filed an application pursuant to Rule 19b-4 under the Securities Exchange Act of 1934, as amended, with the Securities and Exchange Commission (SEC).
Seyfarth Shaw LLP
The Supreme Court recently took away an often-used weapon by shareholder plaintiffs in securities fraud cases, ruling that "pure omissions" from periodic SEC filings (absent any other duty to disclose) are not actionable under SEC Rule 10b-5.
Mintz
ESG Co-chair Jacob Hupart spoke with Agenda in an article discussing how companies should continue to develop robust climate transition plans despite the SEC's current stay on the climate rule.
Thompson Coburn LLP
In a novel reading of the insider trading laws, the Securities and Exchange Commission (the "SEC") recently prevailed in its case against an executive who traded in securities...
Cadwalader, Wickersham & Taft LLP
On April 12, 2024, a unanimous U.S. Supreme Court issued an opinion in Macquarie Infrastructure Corp. v. Moab Partners, L. P.,1 vacating a judgment of the U.S. Court of Appeals for the Second Circuit.
Scarinci Hollenbeck LLC
The Securities and Exchange Commission (SEC) has a new insider trading theory that all issuers and corporate insiders should have on their radar. While the agency claims the "shadow trading"...
Lowenstein Sandler
On April 15, 2024, the U.S. Securities and Exchange Commission (SEC) settled with a registered investment adviser (Adviser),1 whereby the Adviser paid a $60,0000 civil money penalty of in addition...
Foley & Lardner
On April 12, 2024, the United States Supreme Court delivered an important decision on the issue of whether a failure to make disclosure required under Item 303 of Regulation S-K can support a Rule 10b-5 claim...
Jones Day
The United States Supreme Court in Macquarie Infrastructure Corp. v. Moab Partners, L.P., No. 22-1165, ruled that a corporation is not liable under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 ...
Bracewell
In a unanimous decision, the US Supreme Court held that pure omissions are not actionable under Rule 10b-5(b) under the Securities Exchange Act of 1934.
Shearman & Sterling LLP
On April 18, 2024, the United States Court of Appeals for the Fifth Circuit reversed the dismissal of and reinstated a putative shareholders' class action against an amusement park company and certain of its executives...
Shearman & Sterling LLP
On April 15, 2024, the United States Court of Appeals for the Second Circuit affirmed in a non-precedential summary order the summary judgment dismissal of securities fraud claims against a pharmaceutical company ...
Mintz
Recently, the New York Attorney General filed a lawsuit against the American subsidiaries of JBS Group, the Brazilian-based beef producer, asserting that JBS had "violat[ed] New York's consumer protection statutes" through its "fraudulent and illegal environmental marketing practices."
Goodwin Procter LLP
On March 27, 2024, the US Securities and Exchange Commission (SEC) adopted amendments to Rule 203A-2(e) of the Investment Advisers Act of 1940...
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