New York Law Journal | Analysis
By James J. Beha II and Brendan F. Quigley | April 24, 2024
In a significant decision regarding the scope of the federal securities laws' anti-fraud provisions, the U.S. Supreme Court held that "pure omissions" are inactionable under Section 10(b) of the Securities Exchange Act and its enabling rule, SEC Rule 10b-5.
By Jimmy Hoover | April 12, 2024
Investors can bring such suits only when such omissions create "misleading half-truths," Justice Sonia Sotomayor wrote for a unanimous court.
By Jane Wester | April 5, 2024
U.S. District Judge Jed Rakoff of the Southern District of New York said he intends to rule on penalties no later than the first week of May, after receiving briefs from the defendants and the U.S. Securities and Exchange Commission.
By Jane Wester | April 5, 2024
After hearing nearly two weeks of evidence in the civil fraud case, jurors in the Southern District of New York on Friday began deliberating on whether cryptocurrency company Terraform Labs and its founder Do Kwon defrauded investors by lying about the company's success.
New York Law Journal | Analysis
By Adrienne D. Gurley, Matthew T. Murphy and Brandon Wong | March 29, 2024
The SEC is now at trial in an enforcement action against former biopharma executive Matthew Panuwat related to "shadow trading" activities. The trial will not only be the first major test of the SEC's "shadow trading" legal theory before a jury, but will also have significant ramifications for in-house counsel and compliance teams on how to train their employees on trading practices.
By Emily Saul | March 22, 2024
Gibson Dunn filed an Article 75 petition seeking a judgment in support of an arbitration agreement rendered in November.
By Jane Wester | March 7, 2024
New York's Southern District continued to be the leading destination for cases, with Delaware second. The Brooklyn-based Eastern District was third and the Northern District of California fourth, the study said.
New York Law Journal | Analysis
By Michael Bongiorno, Susan Muck, Timothy Perla, Jessica Lewis and Megan Barriger | March 4, 2024
In March 2020, the Delaware Supreme Court issued a landmark ruling in 'Salzberg v. Sciabacucchi'. This article addresses developments that have occurred over the past four years since the ruling and highlights key takeaways for practitioners.
New York Law Journal | Expert Opinion
By Kevin B. Frankel, Molly M. White and Alex J. Scandroli | February 20, 2024
The authors expect a wave of lawsuits against private equity firms by investors in the wake of private actions brought against the collapsed crypto platform FTX.
By Anthony Michael Sabino | February 16, 2024
A discussion of the case 'Union Asset Management Holding AG v. Philip Morris International Inc. (In re Philip Morris International Inc. Securities Litigation) where the Second Circuit elucidates on distinguishing fact from opinion.
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