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Don?t Tout - A number of years ago, the U. S. Court of Appeals for the Fourth Circuit addressed whether a company’s false statement about its CEO’s educational background was material.  The court found that the statement was immaterial as a matter of law, … Continue reading →...
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Escaping Liability - An announcement that a company is the target of a government investigation is likely to lead to a stock price decline. The mere fact of an investigation, however, does not tell the market anything about the existence of prior corporate … Continue reading →...
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Not Enough Studying - Yelp is an online networking platform that hosts user-generated reviews of local businesses.  In a recent securities class action (Curry v. Yelp, Inc., 2015 WL 7454137 (N.D. Cal. Nov. 24, 2015)), the court considered claims that Yelp made misstatements about … Continue reading →...
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Omnicare?s Scope - In its Omnicare decision issued earlier this year, the U.S. Supreme Court held that opinions presented in registration statements can be subject to liability under Section 11 of the Securities Act of 1933 if either (a) the opinion was not genuinely held, or (b) the … Continue reading →...
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Innocent Third Parties - The scienter (i.e., fraudulent intent) of an officer who makes a false or misleading statement can be imputed to the company based on the law of agency, but that rule potentially is subject to an ?adverse interest exception? in cases where the officer acted purely out of … Continue reading →...
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If At First You Don?t Succeed - If a securities class action is dismissed prior to class certification, is there anything stopping another investor from bringing the same case again?  In Dempsey v. Vieau, et al., 2015 WL 5231339 (S.D.N.Y. Sept. 8, 2015), the defendants (former officers … Continue reading →...
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Risky Business - In the BP securities class action related to the 2010 Deepwater Horizon spill, the plaintiffs put forward two theories in an attempt to satisfy the class certification requirement that damages be susceptible to measurement across the entire class. First, the … Continue reading →...
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There Can Be Only One Ultimate Authority - In re Galena Biopharma, Inc. Sec. Litig., 2015 WL 4643474 (D. Or. Aug. 5, 2015) involves an interesting fact pattern.  The defendants are alleged to have “entered into an unlawful promotional scheme” that included the placement of “misleading articles on … Continue reading →...
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Better Plan Ahead - Does the fact that an individual defendant’s stock trading took place pursuant to a pre-determined Rule 10b5-1 trading plan undermine any inference that the trades were “suspicious”?  Courts continue to be split on this issue, with the answer often depending on … Continue reading →...
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Cornerstone Releases Midyear Report - Cornerstone Research (in conjunction with the Stanford Securities Class Action Clearinghouse) has issued its 2015 midyear report on securities class action filings. The findings for the first half of 2015 include: (1) There were 85 new filings, which is a … Continue reading →...
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