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Ninth Circuit issues key ruling on pleading of loss causation in securities class actions

USA - August 8 2014 On August 7, 2014, the Ninth Circuit issued a key opinion on the pleading of loss causation in securities class actions, ruling for the first time...

Felix S. Lee, Jennifer C. Bretan, Susan S. Muck.


The Supreme Court’s Halliburton decision: reliance can still be presumed in securities class actions, but defendants may now rebut the presumption at an earlier stage

USA - June 24 2014 In a highly anticipated decision issued June 23, 2014, the Supreme Court in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (June 23, 2014)...

Kevin P. Muck, Dean Kristy.


Amgen: a Pyrrhic victory for plaintiffs in securities class actions

USA - March 5 2013 In a 6-3 decision issued last week, the Supreme Court ruled in Amgen Inc. v. Connecticut Ret. Plans & Trust Funds, 568 U.S. ___, 2013 WL 691001 (Feb...

Kevin P. Muck.


Tis the season: proxy statements and litigation challenges to compensation disclosures

USA - December 3 2012 Over the past several months, plaintiffs' lawyers have stepped up attacks on executive compensation disclosures in proxy statements....

Kevin P. Muck, Dean Kristy.


SEC v. Jenkins: SOX 304 clawback requires innocent CEOs and CFOs to return incentive-based compensation if the company restates its financials due to “misconduct”

USA - June 16 2010 In a case of first impression, the United States District Court for the District of Arizona recently ruled that Section 304 of the Sarbanes-Oxley Act of 2002 ("SOX"), the so-called "Clawback Provision," does not require personal misconduct by a company's CEO or CFO to trigger reimbursement obligations after an accounting restatement....

Jay Pomerantz.