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.
By Ellen Bardash | February 8, 2024
Latham & Watkins lawyers secured the dismissal of claims brought by an institutional shareholder.
By Maydeen Merino | February 6, 2024
"When dealers register, they become subject to a variety of important laws and rules that help protect the public, promote market integrity and facilitate capital formation," SEC Chair Gary Gensler said.
The Legal Intelligencer | Commentary
By Katayun I. Jaffari and John Crozier | January 26, 2024
Implementation of practices has become especially crucial considering the newly required cybersecurity incident reporting and cybersecurity risk management and governance disclosure for public companies passed by the SEC last year.
By Maydeen Merino | January 17, 2024
"If you're putting the robo adviser's interest ahead of the broker dealer's interest ahead of the investor, therein lies a conflict" Gary Gensler said.
New York Law Journal | Analysis
By John Coffee | January 17, 2024
On Jan. 16, 2024, the Supreme Court heard 'MacQuarie Infrastructure Corp. v. Moab Partners L.P.', which will presumably resolve a circuit split. The question before the court is whether the Second Circuit erred in holding "that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under §10(b) of the Exchange Act, even in the absence of an otherwise misleading statement."
By Shain A. Khoshbin | January 11, 2024
A deep dive into the legal analysis and holding in the recent Southern District decision, Terraform Labs. The article examines Terraform Labs' application of the Howey test to determine whether certain cryptocurrency transactions constitute regulated securities.
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