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Results: 1-10 of 107

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

  • Alston & Bird LLP
  • -
  • 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

No more beating around the bush: the Seventh Circuit finally adopts the Moench presumption

  • Alston & Bird LLP
  • -
  • USA
  • -
  • April 30 2013

In multiple preceding cases, the Seventh Circuit had noted the Moench presumption (which readers of this blog will know is named after the seminal

Eleventh Circuit recognizes old news isn’t new news

  • Alston & Bird LLP
  • -
  • 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

The Supreme Court issues a narrow ruling in Amgen

  • Alston & Bird LLP
  • -
  • 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

Recent FCPA opinions provide insight into the scope of personal jurisdiction over foreign nationals

  • Alston & Bird LLP
  • -
  • USA
  • -
  • March 1 2013

In recent years, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have demonstrated an increased commitment to

Class certified in Pfeil v. State Street Bank & Trust Co.

  • Alston & Bird LLP
  • -
  • USA
  • -
  • January 14 2013

On January 4, 2013, federal district court judge Denise Hood of the Eastern District of Michigan certified a class action in Pfeil v. State Street

Rare taxpayer debt-equity win

  • Alston & Bird LLP
  • -
  • Netherlands, USA
  • -
  • November 28 2012

Pepsico, Inc., and Pepsico Puerto Rico, Inc. v. Commissioner, T.C. Memo 2012-269, ruled that the U.S. holder of an ambiguous security issued by its foreign affiliate did not have to treat the periodic payments received as interest, even though the affiliate was deducting interest paid under Dutch tax law

Supreme Court denies cert in Citigroup - is the fate of the Moench presumption certain?

  • Alston & Bird LLP
  • -
  • USA
  • -
  • October 23 2012

On October 15, 2012, the U.S. Supreme Court denied petitions from plan participants who pursued two putative “stock drop” class actions against their respective employers

New ruling broadens “whistleblower” definition for Dodd-Frank anti-retaliation claims

  • Alston & Bird LLP
  • -
  • USA
  • -
  • October 3 2012

A U.S. district court judge from the District of Connecticut ruled last week that individuals who make disclosures that are required or protected under the Sarbanes-Oxley Act (SOX) or the Securities Exchange Act of 1934 (SEA) may also qualify as whistleblowers under the Dodd-Frank anti-retaliation provisions, regardless of how those disclosures were made

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

  • Alston & Bird LLP
  • -
  • 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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