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July 06, 2021 | New York Law Journal

'Uber' Delivers on Loss Causation in Securities Fraud Cases

A discussion of 'Irving Firemen's Relief & Retirement Fund v. Uber Technologies', which provides proof that while loss causation may be the last of the six elements essential to proving securities fraud, it is by no means the least important.
8 minute read
June 18, 2021 | The Legal Intelligencer

Will a Federal Law Against Insider Trading Finally Become Reality?

To many this will come as a complete surprise, but there is no federal law that explicitly outlaws insider trading. Rather, for decades the SEC and the Department of Justice, with the endorsement of federal judges, have used the general securities fraud statutes to patch together a complex and problematic insider trading common law.
8 minute read
June 16, 2021 | New York Law Journal

First Circuit Adopts 'Irrevocable Liability' Test To Determine When Securities Transaction Is Domestic

In their Securities and Corporate Litigation column, Mark D. Harris and Margaret A. Dale discuss the recent decision in 'Securities Exchange Commission v. Morrone', in which the First Circuit joined the Second, Third and Ninth Circuits in holding that transactions qualify as domestic depending on the location of the buyer or seller when they become irrevocably liable to receive or deliver the security.
8 minute read
June 16, 2021 | New York Law Journal

Transplanting U.S. Securities Fraud Class Actions Into Brazilian Collective Arbitrations

These collective arbitrations pose serious challenges to the system, both on the procedural and on the substantive law level.
10 minute read
May 28, 2021 | The Legal Intelligencer

Zoom Securities Ruling Limits Plaintiffs to One Bounce

In cases of multiple corrective disclosures, plaintiffs cannot always choose the most advantageous bounce-back period for calculating statutory damages caps.
7 minute read
Law Journal Press | Digital Book Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions Authors: James C. Freund View this Book

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May 26, 2021 | Daily Report Online

How the Insider Trading Prohibition Act Would Change Enforcement

This language opens up a whole new frontier for insider trading enforcement.
5 minute read
May 19, 2021 | New York Law Journal

Insider Trading Law at Another Crossroads: 'Blaszczak' Shows the Need for Legislation

In this edition of his Corporate Securities column, John C. Coffee Jr. discusses that the current scope of insider trading law, which remains unresolved and is unlikely to be resolved by an upcoming Second Circuit decision on remand in 'Blaszczak'. He writes: The case for a legislative resolution of the issue thus grows stronger, and passage of a revised insider trading law is now feasible in view of the Democrats' razor-thin majority in the Senate.
10 minute read
May 11, 2021 | New York Law Journal

Non-Disclosure Agreements and Insider Trading: The Second Circuit Clarifies the Scope of Criminal Liability

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss a recent insider trading decision in the Second Circuit, 'United States v. Chow', that illustrates the judicial shaping of insider trading law.
10 minute read
April 28, 2021 | New York Law Journal

'Materiality' in America and Abroad

In this edition of their Corporate Governance column, discuss a bedrock feature of American securities law and regulation—materiality. They write that the working definition of materiality in the United States, which has served corporate America well for nearly nine decades, now finds itself facing significant pressures from a variety of sources.
13 minute read
April 07, 2021 | New York Law Journal

SLUSA's 'In Connection With' Requirement

In his Corporate Litigation column, Joseph McLaughlin discusses the recent Ninth Circuit decision in 'Anderson v. Edward D. Jones & Co.,' which reversed a SLUSA dismissal of state law fiduciary claims last month, illustrating that particularly in fee-related cases the line between federal securities law claims and state law claims remains inexact.
10 minute read

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