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Securities Litigation Viewpoints Blog

Articles: 1-10 of 26

Second Circuit Summarily Affirms the Attorneys’ Fees Award in the Foreign Exchange Antitrust Settlement after District Court Rejects Class Counsel’s Side Deal with the Objector

USA - December 2 2019 On November 1, 2019, the United States Court of Appeals for the Second Circuit issued a summary order rejecting the appeal of an objector to the…

Connecticut Court Says Intervention Is One Way To Preserve Putative Class Member's Right To Opt Out

USA - October 10 2019 As Mintz explained in its earlier blog post, on February 5, 2019, California State Teachers’ Retirement System (CalSTRS) moved to intervene in the…

Incorporation by Reference of a Commercial Contract’s Arbitration Clause Can Bind a Non-Signatory Performance Bond Surety

USA - August 30 2019 Heads up, sureties! (And all other contracting parties.) Incorporation by reference of the terms of one agreement into another is a classical common…

Judge Rakoff Unseals Documents in Petrobras Securities Class Action To Allow Use in Foreign Arbitration, Bypassing Traditional Requirements of 28 U.S.C. § 1782

USA - August 14 2019 Years after Plaintiffs brought a federal securities complaint against Petrobras, and more than a year after the case settled for approximately $3…

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

USA - July 29 2019 Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract…

Supreme Court Denies Opportunity To Clarify Whether The Federal Securities Laws Carry a Duty to Update

USA - May 22 2019 On May 20, 2019, the U.S. Supreme Court denied defendants-appellees’ petition for certiorari in Hagan v. Khoja. As set forth in our prior alert, the…

Tenth Circuit Affirms Extraterritorial Reach of SEC Enforcement of the Federal Securities Laws

USA - April 25 2019 In the Traffic Monsoon litigation, the U.S. Court of Appeals for the Tenth Circuit held that the enforcement provisions of the Securities Act and the…

Teva Putative Federal Securities Class Member Seeks to Toll Statute of Repose with Motion to Intervene

USA - March 12 2019 The United States District Court of the District of Connecticut will soon decide whether a putative class member may intervene “for the limited…

Petition for Certiorari Asks Supreme Court to Clarify Whether the Federal Securities Laws Carry a Duty to Update

USA - February 14 2019 Last week, executives of the now-defunct biotechnology company, Orexigen, filed a petition for certiorari with the U.S. Supreme Court, seeking…

Delaware Chancery Court Holds Corporations Cannot Enact Federal Forum Provisions To Bypass Cyan and Preclude State Courts from Hearing Securities Act Claims

USA - January 15 2019 In 2017, courts across this country were split on whether plaintiffs could assert a class action alleging claims under the Securities Act of 1933…