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Chancery Court Denies Status Quo Order in Shareholder Suit
The Legal Intelligencer
Wednesday, July 20, 2011
On July 7, the Delaware Court of Chancery issued an opinion in Sagarra Inversiones v. Cementos Portland Valderrivas in which the court denied a plaintiff's motion for a status quo order.
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Circuits Provide Guidance on Confidential Witness Statements
The Legal Intelligencer
Tuesday, June 29, 2010
Establishing scienter in private securities fraud litigation under the Private Securities Litigation Reform Act of 1995 (PSLRA) can be a daunting challenge to even the most skilled and seasoned practitioners.
SEC Updates Guidance on Non-GAAP Financial Measure Disclosures
The Legal Intelligencer
Thursday, May 6, 2010
Earlier this year, the Securities and Exchange Commission updated its guidance on the use of non-Generally Accepted Accounting Principles financial measures. Based on the revised guidance, the SEC appears to have changed its tone on the use of non-GAAP financial measures, most notably in SEC filings. From the updated guidance, companies may be inclined to disclose more non-GAAP financial measures so long as they comply with the SEC disclosure requirements.
Grading the Rating Agencies
The Legal Intelligencer
Friday, April 30, 2010
In the wake of the meltdown in the sub-prime mortgage market, increased scrutiny has been focused on both the mortgage-backed securities that many blame for fueling the crisis and the rating agencies that evaluated and graded them before they were sold to investors.
Monitoring Settlements, Distributions in Securities Class Action Litigation
The Legal Intelligencer
Tuesday, November 25, 2008
While much attention has been paid in recent years to the pleading standards under the Private Securities Litigation Reform Act of 1995, the effects of the 2002 Sarbanes-Oxley legislation in 2002 and the Supreme Court's 2005 decision in Dura Pharmaceuticals v. Brouda, another issue has arisen.
Majority Voting and Shareholder Influence Within Public Companies
The Legal Intelligencer
Friday, December 14, 2007
It is no secret that shareholders of public companies are restive and increasingly are doing something about it. This growing involvement has been fueled by outrage over overpaid, under-performing executives and the corporate scandals of recent years, among other factors. Hedge funds are also increasingly more active in their investments, and are pushing management to make rapid changes.
Options Backdating: Beware
Of the Finance Professor's Study
The Legal Intelligencer
Tuesday, February 27, 2007
Boxing his family pictures, award plaques and all the mementos of an otherwise sterling 39-year career at the company, the CEO thought how could it all have come to such an ignominious end.
Staying Out of Danger
For Manipulation of Stock Options
The Legal Intelligencer
Tuesday, January 23, 2007
With the increasing focus on executive compensation, companies have been prosecuted for the manipulation of the timing of stock option grants and exercises.
Does High Court Mean the Buyer
Must Beware in Securities Markets?
The Legal Intelligencer
Monday, September 25, 2006
The Supreme Court decision in Dura Pharmaceuticals v. Broudo has spurred much commentary since it came down in April 2005. The court addressed the pleading requirements for loss causation in fraud-on-the-market cases under the Securities Exchange Act of 1934.
Finders Keepers
The Legal Intelligencer
Monday, March 27, 2006
You have fretted for weeks about the solvency of one of your small company clients. You are pleased when the company's president calls and asks you to draft a private placement document to sell company shares to an investor who will invest enough to keep the company chugging forward. The president also requests that you first draft an agreement whereby the company will pay a finder's fee to the person who introduced the investor to the company. If you end the conversation at this point and start drafting th
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