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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
U.S. Securities and Exchange Commission v. Sripetch
Disgorgement under the Securities and Exchange Act did not require a showing that the victims suffered pecuniary harm. 		Securities 9th Sep. 4, 2025
Sodha v. Golubowski
Ninth Circuit rejected First Circuit's extreme departure test in favor of materiality test to determine whether Securities Act requires disclosure of certain pre-initial public offering information learned post-registration statement. 		Securities 9th Sep. 2, 2025
Sneed v. Talphera
The potentially misleading nature of "Tongue and Done," a slogan for defendant's under-the-tongue opioid, was insufficient for shareholders to plead falsity under Section 10(b) of the Securities Exchange Act. 		Securities 9th Aug. 21, 2025
U.S. Securities and Exchange Commission v. Barry
Sales agents' actions--in promoting and selling life settlements' fractional interests--met the Security Exchange Act's definition of "securities" and thus violated securities laws. 		Securities 9th Aug. 12, 2025
Powell v. U.S. Securities and Exchange Commission
Securities Exchange Commission's policy that it will not settle a civil enforcement action unless defendant agrees not to publicly deny the allegations against him does not facially violate the First Amendment. 		Securities, Constitutional Law 9th Aug. 7, 2025
Pino v. Cardone Capital LLC
Plaintiff's belief that fraud was not involved did not foreclose his Securities Act section 12(a)(2) misstatement claim against seller peddling 15% return to unsophisticated investors. 		Securities 9th Jun. 11, 2025
U.S. v. Yafa
District court did not err when it used the gain that resulted from defendants' "pump and dump" securities scheme as an alternative measure for loss. 		Criminal Law and Procedure, Securities 9th May 16, 2025
Oppenheimer & Co., Inc. v. Mitchell
Because purported Ponzi scheme victims were not Financial Industry Regulatory Authority (FINRA) member's customers, FINRA mandatory arbitration requirement was inapplicable. 		Securities, Arbitration 9th Apr. 25, 2025
U.S. Securities & Exchange Commission v. Chicago Title Company
To ensure protection of receivership assets obtained from a Ponzi scheme, district court had authority and appropriately issued order barring further litigation against third-party. 		Securities, Civil Procedure 9th Feb. 21, 2025
Pirani v. Slack Technologies, Inc.
Sections 11 and 12 of the Securities Act require plaintiffs to show that the securities they purchased were registered under a materially misleading registration statement and prospectus, respectively. 		Securities 9th Feb. 11, 2025
Hansen v. Musk
Although an arbitrator's decision cannot preclude a Sarbanes-Oxley (SOX) claim, a confirmed arbitral award can sometimes preclude re-litigation of the issues underlying a SOX claim. 		Arbitration, Securities 9th Dec. 11, 2024
In re: Klin v. Cloudera Inc.
Plaintiff's failure to adequately plead definitions concerning "cloud-native" offerings warranted dismissal of securities fraud action. 		Securities, Civil Procedure 9th Nov. 20, 2024
In re: CCIV/Lucid Motors Securities Litigation
Stock purchasers had no standing to assert securities violation claim when they were not purchasers of the contested stock involving the alleged misrepresentations. 		Securities 9th Aug. 9, 2024
In re: Silver Lake Group, LLC Securities Litigation
Trial court properly dismissed securities claims where plaintiffs failed to adequately plead that the defendant shareholders had material non-public information. 		Securities 9th Jul. 25, 2024
Securities and Exchange Commission v. Jarkesy
Using the Securities and Exchange Commission's in-house adjudicatory process for federal securities fraud action that resulted in civil penalties violated defendants' Seventh Amendment right to jury trial. 		Securities USSC Jun. 28, 2024
Espy v. J2 Global Inc.
Plaintiff failed to plead scienter based merely on general criticisms from two former company employees. 		Securities 9th Apr. 22, 2024
Macquarie Infrastructure Corp. v. Moab Partners, L.P.
Pure omissions are not privately actionable under Securities and Exchange Commission Rule 10b-5(b) because the statute requires affirmative assertions. 		Securities USSC Apr. 15, 2024
In re: Ali Alavi v. Genius Brands International, Inc.
Shareholders adequately pled misrepresentation in complaint for Securities Exchange Act violations where complaint cited the defendant's affirmative misleading statements regarding solicitation in a securities purchase agreement. 		Securities 9th Apr. 8, 2024
Andrew Zenoff v. Sorrento Therapeutics, Inc., et al
Dismissal of complaint alleging Securities and Exchange Act violations was appropriate where facts cited by plaintiff did not create a compelling inference that the defendants acted with scienter. 		Securities 9th Mar. 26, 2024
Murray v. UBS Securities LLC
Sarbanes-Oxley Act Whistleblower was not required to provide evidence of his former securities employer's retaliatory intent. 		Securities USSC Feb. 9, 2024
Amended Opinion: Amalgamated Bank v. Facebook, Inc.
Facebook shareholders adequately pleaded falsity as to risk statements regarding misuse of user data where Facebook represented the risk as hypothetical, when, in fact, the risks had already materialized. 		Securities 9th Dec. 5, 2023
Roth v. Foris Ventures LLC
Securities and Exchange Rule 16b-3 does not require a board of directors to explicitly approve transactions for the purpose of exempting them under the Rule in order for the exemption to apply. 		Securities 9th Nov. 14, 2023
Amalgamated Bank v. Facebook, Inc.
Facebook shareholders adequately pleaded falsity as to risk statements regarding misuse of user data where Facebook represented the risk as hypothetical, when, in fact, the risks had already materialized. 		Securities 9th Oct. 19, 2023
E. Ohman J:Or Fonder AB v. Nvidia Corp.
Statements from plaintiffs' two confidential witnesses were sufficient to establish that NVIDIA's executive officers made knowingly or recklessly false statements. 		Securities 9th Aug. 29, 2023
U.S. Securities & Exchange Commission v. Husain
Summary judgment and imposition of $1,757,000 civil penalty were inappropriate where genuine issues of material fact existed as to the amount of the defendant's gross pecuniary gain and scienter. 		Securities 9th Jun. 14, 2023
Kanter v. Reed
Plaintiff shareholders could not adequately show that board of directors failed to make a good faith effort to implement an oversight system for its storage facility that later experienced a gas leak. 		Securities 2DCA/5 Jun. 6, 2023
Slack Technologies, LLC v. Pirani
An entity must own securities traceable to an allegedly misleading registration statement for a claim under Section 11 of the Securities and Exchange Act. 		Securities USSC Jun. 2, 2023
Lee v. Fisher
Forum-selection clause inserted in Gap Inc.'s bylaws required shareholder's Security Exchange Act derivative suit against company to be pursued in Delaware. 		Securities 9th Jun. 2, 2023
York County v. HP Inc.
Stockholders' securities fraud violation complaint was not barred by statute of limitations when the SEC order that lead to the discovery of the gravamen of the complaint occurred within the two-year timeframe. 		Securities 9th Apr. 12, 2023
Glazer Capital Management, L.P., et al v. Forescout Technologies, Inc., et al
Cybersecurity company's statements on deals already made with clients that they expected to close were false and made with scienter but many were protected forward-looking economic projections. 		Securities 9th Mar. 17, 2023
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