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

Alston & Bird LLP
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USA
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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

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

Alston & Bird LLP
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USA
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March 1 2013

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

Second Circuit clarifies that Moench presumption applies even where fiduciaries have discretion as to whether or not to offer company stock

Alston & Bird LLP
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USA
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May 18 2012

On May 8, 2012, the United States Court of Appeals for the Second Circuit summarily affirmed the granting of judgment on the pleadings by the United States District Court for the Southern District of New York in favor of JP Morgan Chase & Co. (“JP Morgan”) and various affiliated individuals and committees

Court rejects proposed class representative for inadequate knowledge of the litigation

Alston & Bird LLP
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USA
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August 15 2008

The court in In re Monster Worldwide, Inc. Securities Litigation, No. 07 Civ. 2237, 2008 WL 2721806 (S.D.N.Y. July 14, 2008), rejected as insufficient a proposed class representative due to “inadequate familiarity with, and concern for, the litigation.”

Court refuses to extend primary liability to secondary actor defendants under the Supreme Court’s Stoneridge decision

Alston & Bird LLP
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USA
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September 15 2008

In a recent decision, Judge Lewis A. Kaplan of the U.S. District Court for the Southern District of New York was asked to consider what effect the Supreme Court’s decision in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 128 S. Ct. 761 (2008), would have on certain third-party banks and a law firm accused of contributing to the collapse of the international dairy conglomerate, Parmalat Finanziaria S.p.A (“Parmalat”

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

Alston & Bird LLP
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USA
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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

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

Alston & Bird LLP
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USA
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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

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

Alston & Bird LLP
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USA
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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

Eleventh Circuit District Courts dismiss backdating claims for failure to plead backdating activity adequately under Section 10(b)

Alston & Bird LLP
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USA
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May 5 2008

Recently, the United States District Courts for the Middle District of Florida and the Northern District of Georgia dismissed securities fraud claims predicated on alleged options backdating activity

Fifth Circuit panel reverses class certification in 401(k) stock drop litigation

Alston & Bird LLP
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USA
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February 7 2007

On January 18, 2007, the Fifth Circuit Court of Appeals reversed the Eastern District of Texas’ certification of a class action against Electronic Data Systems, Corp. (“EDS”) in a 401(k) employer stock ERISA litigation

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Search results

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

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

Second Circuit clarifies that Moench presumption applies even where fiduciaries have discretion as to whether or not to offer company stock

Court rejects proposed class representative for inadequate knowledge of the litigation

Court refuses to extend primary liability to secondary actor defendants under the Supreme Court’s Stoneridge decision

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

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

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

Eleventh Circuit District Courts dismiss backdating claims for failure to plead backdating activity adequately under Section 10(b)

Fifth Circuit panel reverses class certification in 401(k) stock drop litigation

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