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Searching Content by Mark Foster from Morrison & Foerster LLP ordered by Published Date Descending.
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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 States
12 Jul 2017
2
Context, Reasons, Hedges, And Disclaimers: The Supreme Court’s Ruling In Omnicare May Shape Whether And How Companies Express Opinions
Strictly speaking, the Omnicare ruling addresses the standard of liability for statements of opinion published in registration statements that are filed in connection with a public offering of securities.
United States
7 Apr 2015
3
Believe It Or Not? In Omnicare, The Supreme Court Considers The Standard Of Liability For Statements Of Opinion
Americans take as given the right to hold and express opinions. So it may come as a surprise to many that the federal securities laws impose civil liability for statements of opinion.
United States
12 Nov 2014
4
Beyond Basic: Supreme Court’s Halliburton Ruling Strengthens Defenses In Securities Fraud Class Actions
The Supreme Court issued its ruling in Halliburton Co. v. Erica P. John Fund, Inc., the most anticipated securities decision since Basic, Inc. v. Levinson.
United States
7 Jul 2014
5
Paradigm Shift? The Delaware Supreme Court Allows Bylaw That Shifts Attorneys’ Fees To Loser In Fiduciary Duty Litigation
Under the prevailing "American rule," shareholders and their counsel face little financial risk when they assert claims against directors and officers.
United States
27 May 2014
6
Supreme Court To Review The Basic Premise Of Securities Class Actions
The Supreme Court has agreed to revisit the basic premise of Section 10(b) securities class actions that was first articulated in Basic v. Levinson, 485 U.S. 224 (1988). On November 15, 2013, the Court granted a petition for certiorari in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. Nov. 15, 2013) to consider two questions:
United States
26 Nov 2013
7
Say No More: The Latest Blow To Suits Challenging Proxy Disclosures About Say-On-Pay And Stock Incentive Plans
Over the past eighteen months, public companies have drafted their annual proxy statements knowing that they could become the next target of a new wave of disclosure lawsuits.
United States
30 Sep 2013
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