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469 results found

Article

Mayer Brown | USA | 30 Apr 2010

Claims against accounting firms implications of Merck & Co. v. Reynolds

On April 27, 2010, the US Supreme Court issued a decision that effectively tolled the statute of limitations applicable to securities fraud litigation until plaintiffs discover or reasonably should have discovered sufficient evidence of scienter to plead a fraud claim in conformity with the Private Securities Litigation Reform Act (PSLRA), i.e., fraudulent intent.

Article

Gibson Dunn & Crutcher LLP | USA | 29 Apr 2010

U.S. Supreme Court extends time to file federal securities fraud suits

On April 27, 2010, the United States Supreme Court held that the statute of limitations for private actions claiming securities fraud under Section 10(b) of the Securities Exchange Act of 1934 does not begin to run until plaintiffs have discovered or, with reasonable diligence, could have discovered the facts constituting the fraud, including scienter.

Article

Mayer Brown | USA | 28 Apr 2010

US Supreme Court releases opinion in Merck & Co. v. Reynolds

The Securities Exchange Act of 1934 provides that private actions alleging securities fraud are timely if they are filed within "2 years after the discovery of the facts constituting the violation" and within "5 years after such violation."

Article

Schulte Roth & Zabel LLP | USA | 8 Feb 2010

Enforcement and litigation cases to watch in 2010

By all accounts, 2010 promises more noteworthy developments in the securities enforcement and litigation area.

Article

Morgan Lewis | USA | 28 Jan 2010

2009 year in review: selected federal securities litigation developments

Morgan Lewis is pleased to present our second annual review of selected decisions from the United States Courts of Appeal addressing private actions under the federal securities laws.

Article

McDermott Will & Emery | USA | 6 Jul 2009

Amendments to SEC reporting rules benefit offshore institutional investors

In December 2008, the U.S. Securities and Exchange Commission (SEC) amended its rules governing the disclosure of acquisitions of U.S. registered voting equity securities above certain thresholds in order to allow qualifying foreign institutional investors to make disclosures concerning passive positions using short-form Schedule 13G instead of the more demanding Schedule 13D.

Article

Locke Lord LLP | USA | 8 Jun 2009

U.S. Supreme Court to decide "inquiry notice" standard

On May 26, 2009, the U.S. Supreme Court granted Merck's petition for a writ of certiorari in the securities class action regarding Merck's Vioxx disclosures.

Article

Locke Lord LLP | USA | 19 Feb 2009

Third Circuit addresses inquiry notice standard: requires "storm warnings of possible fraud"

The Third Circuit Federal Court of Appeals recently reversed a lower court dismissal of a shareholder class action, finding that the plaintiffs' suit was not barred by the statute of limitations in the absence of "storm warnings of possible fraud."

Article

Katten Muchin Rosenman LLP | USA | 28 Mar 2008

Statute of limitations barred federal securities claims

Plaintiffs sued defendants, a software company (Aspen) and several of its officers and directors, for, among other things, violating sections 10(b) and 20(a) of the Securities Exchange Act of 1934.

Article

Cadwalader Wickersham & Taft LLP | USA | 14 Jan 2008

Cadwalader successfully concludes cases

Cadwalader’s Litigation Department recently secured summary judgment for Pfizer and Pharmacia and a settlement for Bear, Stearns & Co. that entailed a positive result for the client.