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Fifth Circuit Holds That District Courts May Hear Structural Constitutional Challenges to Ongoing SEC Enforcement Actions

USA - January 21 2022 Federal district courts are imbued with "original jurisdiction" over "all civil actions arising under the Constitution, laws, or treaties of the…

Joel Kurtzberg, Jason Rozbruch, Miles Wiley

United States Court of Appeals for the Fifth Circuit Becomes First Circuit Court to Consider Post-Liu Disgorgement

USA - January 12 2022 In SEC v. Blackburn, 15 F.4th 676 (5th Cir. Oct. 12, 2021),1 the United States Court of Appeals for the Fifth Circuit became the First Circuit to…

Joel Kurtzberg, Peter J. Linken, Zachary M. Missan

The Supreme Court Clarifies Standards for Rebutting Presumption of Reliance at Class Certification Stage in Securities Litigation

USA - October 28 2021 To establish a securities fraud claim, plaintiffs must show they relied on the alleged misrepresentations or omissions that are the subject of the…

Joel Kurtzberg, Grace A. McAllister, Adam S. Mintz

SEC Charges Former Executive with Insider Trading on a Misappropriation Theory—with a Twist

USA - September 21 2021 On August 17, 2021, the Securities and Exchange Commission ("SEC") filed a complaint (the "Complaint") in the U.S. District Court for the Northern…

Kimberly Petillo-Décossard, Sarah Klein-Cloud

SEC Charges AT&T and Individual Executives With Violations of Regulation FD

USA - April 30 2021 On March 5, 2021, the Securities and Exchange Commission ("SEC") charged AT&T, Inc. ("AT&T" or the "Company") and three executives in its Investor…

Kimberly Petillo-Décossard, Geoffrey E. Liebmann, Zachary M. Missan