In SEC v. Jarkesy, the Supreme Court held that the SEC must bring fraud claims seeking penalties in federal court instead of administrative proceedings because defendants are entitled to ...
In Macquarie Infrastructure Corp. v. Moab Partners, L.P., the Supreme Court held that an issuer’s nondisclosure of information required by Item 303 of Regulation S-K cannot support a cl...
In an en banc 6-5 decision, the Ninth Circuit upheld a forum selection clause in Gap’s bylaws that requires all claims brought on behalf of the company to be filed in Delaware state cou...
In Slack Technologies, LLC v. Pirani, the Supreme Court confirmed that under Section 11 of the Securities Act of 1933 plaintiffs must “trace” their shares – that is, plead and prove...
The SEC continued its recent focus on SPACs by filing charges against both sides of a planned but not yet completed SPAC merger, including charges against the SPAC and its CEO for adoptin...
On June 16, 2021, a Ninth Circuit panel revived in part a putative securities fraud class action against Alphabet for not disclosing a data privacy bug in the Google+ social network. The ...
On January 26, 2021, the Ninth Circuit issued a decision affirming the dismissal of civil securities law claims filed against Tesla and Elon Musk regarding statements that they made in 20...
On June 10, 2020, the Ninth Circuit issued a decision affirming the dismissal of a securities case filed against a life sciences company for supposedly misrepresenting the likelihood that...
On April 20, 2018, a panel of Ninth Circuit judges held that Section 14(e) of the Securities Exchange Act of 1934 does not require a showing that a defendant acted with scienter, and that...
On March 20, 2018, the Supreme Court decided Cyan, Inc. v. Beaver County Employees Retirement Fund (“Cyan”), ruling unanimously that, under the Securities Litigation Uniform Standards...
