Jeffrey A. Baumel

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SEC adopts pay ratio rule

USA - September 28 2015 The US Securities and Exchange Commission (SEC) has adopted a final rule to implement the requirement of Section 953(b) of the Dodd-Frank Wall Street…

Toni Weinstein, Pamela Baker, Walter Van Dorn

SEC proposals for securities crowdfunding under Title III of the JOBS Act

USA - January 23 2014 The U.S. Securities and Exchange Commission (SEC) has proposed rules to implement the provisions of Title III of the Jumpstart Our Business Startups…

Walter Van Dorn, Rani Doyle, Margaret H. Kavalaris

U.S. v. Caronia: a rift in prosecution of off-label promotion?

USA - December 12 2012 A recent decision by the Second Circuit Court of Appeals is being hailed as a potential "game-changing" defeat for federal prosecutors in their pursuit of criminal indictments and civil False Claims Act cases predicated upon the "off-label" promotion and marketing of FDA-approved pharmaceutical drugs and medical devices.

Sean C. Cenawood, Peg Donahue Hall, John L. Cleary II, Gadi Weinreich

Supreme Court rejects statistical significance requirement in 10b-5 action involving life science company's failure to disclose adverse event reports

USA - April 4 2011 On March 22, 2011, the Supreme Court of the United States issued an important opinion for life sciences companies in Matrixx Initiatives, Inc., et. al. v. Siracusano et. al., a class action securities lawsuit involving Matrixx's leading product, Zicam Cold Remedy.

Ira L. Kotel

SEC adopts final "say on pay," "say on frequency" and "say on golden parachutes" rules

USA - January 28 2011 In our 2011 Proxy Season Update dated January 12, 2011 (available here) we provided a detailed discussion of the SEC's new requirements that US public companies submit "Say on Pay" and "Say on Frequency" proposals to advisory votes of their shareholders.

Walter Van Dorn, Tom Hanley, Ira Roxland