Archives: Securities Litigation

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Another Look at 2017 Securities Litigation Against Life Sciences Companies

As I have previously noted, the elevated number of securities class action lawsuits against life sciences companies was an important factor in the increase of securities lawsuit filings in 2017. The significant volume of securities suits involving life sciences companies has been the subject of focused analysis, as discussed here. Now the Sidley Austin law … Continue Reading

Ranking the Plaintiffs’ Firms by 2017 Shareholder Recoveries

As I have previously noted (for example here), a number of reports have analyzed the 2017 approved securities class action lawsuit settlements in statistical and numeric terms, such as the aggregate, average, and mean settlement amounts. But what do the 2017 securities suit settlements look like when broken down according to the lead plaintiffs’ firm … Continue Reading

Fintech Company Hit with Securities Suit Completed Reg. A+ Offering in December

One of the changes Congress introduced in the Jumpstart our Business Startups (JOBS) Act of 2012 was the creation of a new securities offering exemption for smaller companies. In March 2015, the SEC introduced rules implementing this provision, known as Regulation A+. The track record for Reg. A+ offerings has been mixed, as discussed further … Continue Reading

Frequently-Filed FCPA Follow-On Securities Suits Face Formidable Obstacles

As I have often noted (for example, here), a company’s announcement that it is the subject of an FCPA-related investigation frequently leads to the filing of a follow-on civil lawsuit in which investor claimants allege either that the company’s senior officials have violated their oversight duties or that the company’s public disclosure statements were insufficient … Continue Reading

Guest Post: After Cyan — Some Prognostications

As I discussed in a post last week, on March 20, 2018 the U.S. Supreme Court unanimously held in Cyan, Inc. v. Beaver County Employees Retirement Fund that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) did not eliminate state courts’ concurrent jurisdiction to hear liability lawsuits alleging only violations of the Securities Act … Continue Reading

Do Privacy Issues Represent the Next Big D&O Liability Exposure?

For some time, observers (including me) have been discussing the extent to which the rising numbers of corporate data breaches would translate into to D&O litigation. There of course have been some data breach-related D&O lawsuits;  indeed, plaintiffs’ lawyers have recently for the first time managed to secure some success with these kinds of suits … Continue Reading

Yahoo Settles Data Breach-Related Securities Suit for $80 million

The newly disclosed $80 million settlement of the Yahoo data breach-related securities class action lawsuit will not make the list of the Top 100 securities suit settlements, but it is significant in its own way just the same. Because the settlement is the first substantial data breach-related shareholder lawsuit recovery, it represents a milestone development … Continue Reading

Guest Post: 2017 Year in Review — Securities Litigation

This past year was an eventful one in the corporate and securities litigation arena. In the following guest post, Haynes and Boone, LLP Partners Dan Gold, Kit Addleman, Thad Behrens, Emily Westridge Black, Carrie Huff, Tim Newman, David Siegal, and Odean Volker take a look at the important securities litigation developments during 2017. This article … Continue Reading

Guest Post: Do Small Biopharma Firms Really Face Disproportionate Risk from Securities Class Actions?

It is now a commonplace observation in the D&O arena that life sciences companies – and in particular small biopharma companies – are frequent targets of securities class action lawsuits. As a result of these observations about claims frequency, biopharma companies often pay more than other kinds of companies for their D&O insurance. But do … Continue Reading

Cornerstone Research: 2017 Securities Lawsuit Filings at “Unprecedented Levels”

For the second straight year, securities class action lawsuit filings reached record levels in 2017, according to the January 30, 2018 report from Cornerstone Research. According to the report, entitled “Securities Class Action Filings: 2017 Year in Review” (here), securities suit filings during the year reached “unprecedented levels” and companies on U.S. exchanges were more … Continue Reading

NERA: 2017 Securities Suits Filed at “Record Pace”

According to a January 29, 2018 report from NERA Economic Consulting, there was “an explosion” of U.S. federal court securities class action litigation filing in 2017, as new securities suits were filed at a “record pace.” The report, entitled “Record Trends in Securities Class Action Litigation: 2017 Full-Year Review,” can be found here. NERA’s January … Continue Reading

Guest Post: Second Circuit Holds Defendants’ Fraud-on-the-Market Presumption Rebuttal Need Not Be Conclusive

In the following guest post, attorneys from the Paul Weiss law firm take a look at the Second Circuit’s January 12, 2018 decision in Arkansas Teacher Retirement System v. Goldman Sachs Group, Inc. (here), in which the appellate court vacated the district court’s certification of a shareholder class in the securities class action lawsuit arising … Continue Reading

Reflections on GE’s Massive Run-Off Insurance-Related Charge

In his recent one-volume history of American capitalism, “Americana,” author Bhu Srivnivasan recounts the rise of many of the country’s large corporations in the late 19th century, including the long-standing U.S. industry stalwart, General Electric. GE was formed when Wall Street bankers engineered the merger of two fledgling electrical services providers, including the company formed … Continue Reading

Guest Post: From Corwin to Dell: Implications for Investors and Corporate Acquirers

As discussed in a guest post on this site last week (here), on December 14, 2018 the Delaware Supreme Court published its opinion in Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd. (here). In the following guest post, Mark Lebovitch, Christopher J. Orrico and Alla Zayenchik of the Bernstein Litowitz Berger & Grossman … Continue Reading
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