Recent Eleventh Circuit opinion highlights plaintiffs’ challenges in pleading plausible misstatements *

USA - May 15 2013
In a recent decision, the Eleventh Circuit Court of Appeals dispelled any notion that motions to dismiss are less likely to be granted when…

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Eleventh Circuit recognizes old news isn’t new news *

USA - March 7 2013
In securities class actions, plaintiffs must plead and prove that the defendants' alleged misstatements caused the stock price decline about which…

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The Supreme Court issues a narrow ruling in Amgen *

USA - March 1 2013
On February 27, 2013, the United States Supreme Court issued its opinion in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085…

Co-authors: Cara M. Peterman.

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The Supreme Court to revisit the “fraud-on-the-market” presumption *

USA - June 28 2012
In 1988, in Basic Inc. v. Levinson, the Supreme Court first recognized that investors seeking to pursue claims under Section 10(b) of the Securities Exchange Act of 1934 may invoke in an appropriate case a rebuttable presumption of reliance based on the “fraud-on-the-market” theory.

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The Supreme Court rules in Janus that behind-the-scenes participants do not “make” statements for purposes of the federal securities laws *

USA - June 14 2011
On June 13, 2011, the U.S. Supreme Court issued its opinion in Janus Capital Group, Inc. v. First Derivative Traders.

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