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  • Article

    The Supreme Court Grants Cert. In Cyan And Takes Up Forum Shopping In Securities Class Actions

    Recent years have seen significant growth in Securities Act class actions filed in California state courts, based on conflicting readings of the Securities Litigation Uniform Standards Act ("SLUSA").
    United StatesCorporate/Commercial Law
    Morrison Foerster
    Morrison Foerster
  • Article

    SEC Creates Financial Reporting And Accounting Unit In Enforcement Division

    The Securities and Exchange Commission has established a specialized Financial Reporting and Accounting Unit within its Division of Enforcement, staffed by attorneys and accountants to investigate accounting fraud, financial reporting violations, and auditor misconduct. Led by Timothy Zimmerman under the direction of Enforcement Director David Woodcock...
    United StatesAccounting and Audit
    Greenberg Traurig
    Greenberg Traurig
  • Article

    Don't Buy The Buzzwords: "AI Washing" Gets Its Reckoning

    Since the release of ChatGPT 3.5 in November 2022, public interest in artificial intelligence (AI) has surged in a classic example of a hype cycle.
    United StatesTechnology
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Securities And Derivative Litigation: Report

    The 2025 securities class action landscape presents a paradox that issuers and their boards should take note of: although overall filing volume declined, the financial magnitude of these cases reached unprecedented levels.
    United StatesFinance and Banking
    Dechert
    Dechert
  • Article

    Seventh Circuit Criticizes Disclosure-Only M&A Litigation Settlements, Holding That Supplemental Proxy Disclosures Must Address And Correct A Plainly Material Misrepresentation Or Omission

    In In re Walgreen Co. Stockholder Litigation, No. 14 C 9786, 2016 WL 4207962 (7th Cir. Aug. 10, 2016), the United States Court of Appeals for the Seventh Circuit issued a highly charged opinion...
    United StatesCorporate/Commercial Law
    Sheppard
    Sheppard
  • Article

    Corporate And Financial Weekly Digest - January 25, 2013

    Corporate and Financial weekly update.
    United StatesFinance and Banking
    Katten
    Katten
  • Article

    SEC Enforcement: 2025 In Review

    In 2025, the U.S. Securities and Exchange Commission ("SEC") significantly shifted its approach to enforcement. With the start of the second term of the Trump Administration and the appointment of Paul Atkins...
    United StatesCorporate/Commercial Law
    Cahill Gordon & Reindel LLP
    Cahill Gordon & Reindel LLP
  • Article

    What To Watch For From The New SEC Chairman

    Last Thursday, Jay Clayton was officially sworn in as the new Chairman of the Securities and Exchange Commission. As the new Chairman takes office, here are a few things we're keeping an eye on:
    United StatesCorporate/Commercial Law
    Orrick
    Orrick
  • Article

    Delaware Litigation Developments Impacting Financial Advisors

    Over the last few years, significant developments in Delaware law and practice have changed the traditional M&A litigation landscape.
    United StatesCorporate/Commercial Law
    Skadden, Arps, Slate, Meagher & Flom LLP
    Skadden, Arps, Slate, Meagher & Flom LLP
  • Article

    Reversals Of Fortune: Putting The Brakes On Section 10(b) And Section 11 Claims Against Auditors Of China-Based Companies

    A federal court’s recent dismissal of Securities Exchange Act claims against the auditor of a Chinese company prompted us to examine the state of recent U.S. civil securities litigation against accounting firms.
    United StatesCorporate/Commercial Law
    Orrick
    Orrick
  • Article

    Year In Review: 2024 AI Securities Litigation Trends

    Claims relating to statements about artificial intelligence ("AI") have rapidly become a focal point in securities litigation. Similar to the past surge of "greenwashing" claims tied to climate change disclosures...
    United StatesTechnology
    WilmerHale
    WilmerHale
  • Article

    US Supreme Court Upholds State Court Jurisdiction For Class Actions Under Securities Act Of 1933

    In a decision that has implications for both corporate and individual defendants, the US Supreme Court ruled that class actions being brought under the Securities Act of 1933 must remain in state court.
    United StatesCorporate/Commercial Law
    Morgan Lewis
    Morgan Lewis
  • Article

    The Numbers Don't Lie: The SEC Pursues A More Streamlined Enforcement Agenda

    One of the most eye-catching items in the recently released 2017 Annual Report of the Enforcement Division of the Securities and Exchange Commission ...
    United StatesCorporate/Commercial Law
    Sheppard
    Sheppard
  • Article

    The Rise Of Federal Merger-Challenge Lawsuits And The Hurdles Plaintiffs Face

    The pattern is familiar: A proposed merger or acquisition involving a publicly traded company is announced and almost immediately law firms issue press releases announcing "investigations" into whether the target company and its board of directors breached their fiduciary duties.
    United StatesCorporate/Commercial Law
    Vinson & Elkins LLP
    Vinson & Elkins LLP
  • Article

    How To Avoid SPAC Litigation And Regulatory Enforcement Actions

    Special Purpose Acquisition Companies (SPACs) continue to be popular. The number of SPAC IPOs jumped from 13 in 2016 to 59 in 2019, 248 in 2020, and 407 so far in 2021.
    United StatesCorporate/Commercial Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Great Britain Directors' And Officers' Market Update Q2 2023

    The D&O team offer a state of the market overview for Q2 2023 highlighting competition in the London market between insurers and claims trends.
    GlobalCorporate/Commercial Law
    WTW
    WTW
  • Article

    Developments In Securities Fraud Class Actions Against U.S. Life Sciences Companies

    Last year marked an increase in federal securities class action filings, with plaintiffs filing 213 cases in 2023, up from 197 in 2022 and ending an overall decline in filings since 2019.
    United StatesLitigation, Mediation & Arbitration
    Dechert
    Dechert
  • Article

    Gregory Markel And Sarah Fedner Authored An Article In The D&O Diary

    As this blog's readers know, a recurring recent topic on this blog has been the need for another round of securities class action litigation reform. In the following guest post, Gregory A. Markel...
    United StatesCorporate/Commercial Law
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Dechert Survey Of Securities Fraud Class Actions Brought Against Life Sciences Companies

    The past year was another noteworthy one with respect to securities fraud class action lawsuits pursued against publicly traded pharmaceutical, biotechnology and medical device companies.
    United StatesLitigation, Mediation & Arbitration
    Dechert
    Dechert
  • Article

    Highlights From The SEC Division Of Enforcement FY 2021 Annual Report

    The U.S. Securities and Exchange Commission's (SEC) Division of Enforcement (Division) published its Annual Report for Fiscal Year 2021 on Nov. 18, 2021.
    United StatesCorporate/Commercial Law
    Holland & Knight
    Holland & Knight

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