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January 09, 2020 | Litigation Daily

In 2020, Securities Class Action Filings Likely to Continue Record Pace

Even though more Securities Act suits are being filed in state courts, there are few signs that the federal courts will be any less active.
8 minute read
December 30, 2019 | New Jersey Law Journal

Navient Fails to Dismiss Shareholder Suit Over 'Forbearance Scheme' Statements

U.S. District Judge Robert Kugler said Navient failed to demonstrate that the complaint lacks the requisite elements of material falsity, scienter and loss causation.
4 minute read
December 20, 2019 | Corporate Counsel

Complex and Novel Section 11 Liability Issues of Direct Listings

In this article, the authors discuss another important advantage of direct listing: the potential to deter private plaintiffs from bringing claims under Section 11 of the Securities Act of 1933, which imposes strict liability for material misstatements or omissions in registration statements.
9 minute read
November 27, 2019 | New York Law Journal

'United States v. Blaszczak': Can the Government Circumvent 'Newman' Personal Benefit Test?

'United States v. Blaszczak' marks the first time the Second Circuit will have the opportunity to address whether the government can criminally prosecute insider trading under Title 18 without proving personal benefit to the tipper since the element was imposed on Section 10(b) by the Supreme Court in 'Dirks'.
11 minute read
October 07, 2019 | Insurance Coverage Law Center

Captive Insurance Company Disclosure Documents: Best Practices

This Eye on the Experts article traces the origins of the captive Disclosure Document in the U.S. Securities laws, and discusses how Disclosure Documents have evolved to meet the specialized needs of the captive insurance marketplace.
37 minute read
August 30, 2019 | The Legal Intelligencer

3rd Cir. Reaffirms Well-Established Materiality, Scienter Principles for Rule 10b-5 Claims

The U.S. Court of Appeals for the Third Circuit recently reiterated the long-standing principles that a defendant's alleged misrepresentations may be rendered immaterial by a defendant's sufficient disclosure of information; and even if alleged misrepresentations are materially misleading, a Rule 10b-5 claim may still fail if the allegations do not demonstrate a strong inference of scienter.
6 minute read
August 15, 2019 | New Jersey Law Journal

NJ Broker Found Guilty of Insider Trading

Jurors found Raymond Pirrello Jr. liable on all five claims.
3 minute read
July 29, 2019 | New York Law Journal

Book Review: 'Deep Dive: Securities and Exchange Commission v. Cuban'

Professor Marc I. Steinberg has provided us with a very rare and useful contribution.
6 minute read
July 29, 2019 | Insurance Coverage Law Center

Insurance Policy Exclusions Did Not Bar Coverage of Pfizer’s $568 Million Class Action Settlement

A Delaware court has ruled that exclusions in insurance policies issued to Pfizer Inc. did not preclude coverage for the $568 million it agreed to pay to settle a securities fraud class action.
7 minute read
July 17, 2019 | New York Law Journal

Insider Trading: Overreach, Underreach and Reform

In his Corporate Securities column, John C. Coffee Jr. writes: It has been nearly 60 years since the SEC first clearly prohibited insider trading in its 1961 decision in 'In re Cady, Roberts & Co.' You would think that would be long enough for the doctrinal rules to have become reasonably clear. Think again! The recent evidence shows otherwise.
10 minute read

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