The Securities and Exchange Commission today filed insider trading charges against Sean Wygovsky, a former trader at a Canadian asset management firm, and Christopher Matthaei, a former partner at ...
The Securities and Exchange Commission today announced settled charges against Spicer Jeffries LLP, an audit firm based in Denver, and audit engagement partner Sean P. Tafaro, for their improper pr...
The Securities and Exchange Commission today charged the crypto asset trading platform beaxy.com (the Beaxy Platform) and its executives for failing to register as a national securities exchange, b...
The Securities and Exchange Commission today announced that Vale S.A., a publicly traded Brazilian mining company and one of the largest iron ore producers in the world, agreed to pay $55.9 million...
The Securities and Exchange Commission today charged former broker Surage Kamal Roshan Perera and his firm, Janues Capital Incorporated, with defrauding at least one investor out of millions by lyi...
The following is from the ADF press release, which you can find here. The U.S. Securities and Exchange Commission has ruled against JPMorgan Chase’s attempt to exclude a shareholder resolution on v...
I am pleased to share with you that the inaugural Peter J. Henning Lecture at Wayne State University Law School will be held next Monday, April 3rd, at 6:00 pm. The speaker is the Honorable Jed S. ...
Last Friday, I had the privilege of speaking, with other colleagues, at the 2023 Stetson Law Review Symposium on "Elon Musk and the Law." (See the flyer on the program, below.) This symposium grew ...
When covid first hit and we were all in lockdown, a number of courts held proceedings virtually rather than live. Since then, questions have been raised about how the technology should continue to ...
As regular readers of this blog will know, you can't go touting crypto-securities without disclosing how much you've been paid to push those products. I first wrote about this issue in 2018 after E...
10b-5 Daily:
The 10b-5 Daily
News and events related to securities class action litigation. Containing all facts, with particularity, and an occasional dose of commentary.
NERA Economic Consulting and Cornerstone Research have released their respective 2022 annual reports on federal securities class action filings. As usual, the different methodologies employed by the two organizations have led to slightly different numbers, although they both identify the same general trends. … Continue reading →
To what extent should courts rely upon market analysts in determining the meaning of corporate statements? In Boykin v. K12, Inc., 2022 WL 17097453 (4th Cir. Nov. 22, 2022), the U.S. Court of Appeals for the Fourth Circuit considered this … Continue reading →
What constitutes a “scheme” or “deceptive act” for purposes of liability under the antifraud provisions of the federal securities laws? Part of the difficulty in answering that question has been that Rule 10b-5 contains three separate subsections, which prohibit in connection with … Continue reading →
NERA Economic Consulting and Cornerstone Research released their 2022 midyear reports on securities class action filings last month. As usual, the different methodologies employed by the two organizations have led to slightly different numbers, although they both identify the same … Continue reading →
Can allegations in a short seller report, even if the report’s issuance coincides with a stock price decline, form a basis for asserting loss causation? In its 2020 decision in In re BofI Securities Lit., the U.S. Court of Appeals … Continue reading →
Securities class actions based on corporate financial disclosures, which used to form the backbone of securities litigation, have been declining. Instead, in recent years the plaintiffs’ bar has turned its focus to “event-driven” securities litigation, bringing securities class actions based … Continue reading →
A key issue in securities fraud litigation is when, and under what circumstances, a company has a duty to tell investors about material corporate developments. In Weston Family Partnership LLP v. Twitter, 2022 WL 853252 (9th Cir. March 23, 2022), … Continue reading →
NERA Economic Consulting and Cornerstone Research have released their respective 2021 annual reports on federal securities class action filings. As usual, the different methodologies employed by the two organizations have led to slightly different numbers, although they both identify the same general … Continue reading →
SEC Rule 10b5-1, put into place in 2000, establishes that a person’s purchase or sale of securities is not “on the basis of” material nonpublic information if, before becoming aware of the information, the person enters into a binding contract, … Continue reading →
In securities class actions, plaintiffs often take a shotgun approach and allege that the defendants made numerous false statements throughout the putative class period. Whether that helps avoid dismissal, however, is an open question. In City of Plantation Police Officers Pension … Continue reading →
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