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Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System
At class certification, in assessing whether alleged misrepresentation had price impact, courts must take into account 'all' record evidence relevant to price impact.
Securities USSC Jun. 22, 2021
In re Alphabet Inc. Securities Litigation
District court erred in dismissing plaintiff's complaint because it adequately alleged that defendants' omission of any mention of cybersecurity problems made their statements materially misleading.
Securities 9th Jun. 17, 2021
Irving Firemen's Relief & Retirement Fund v. Uber Technologies
Plaintiff's securities fraud claim was properly dismissed because it failed to adequately allege loss causation as required by Federal Rule of Civil Procedure 9(b).
Securities 9th May 20, 2021
Golub v. Gigamon
'Omnicare' standards for pleading falsity of opinion apply to claims arising under Section 14(a) of Securities Exchange Act, as implemented by Securities Exchange Commission Rule 14a-9.
Securities 9th Apr. 21, 2021
Panthera Investment Fund v. H.C. Wainwright
Because complaint failed to plead plausible motive for allegedly fraudulent action, plaintiff could not establish scienter.
Securities 9th Apr. 9, 2021
Anderson v. Edward D. Jones & Co.
Securities Litigation Uniform Standards Act did not bar plaintiff's state law claims for alleged conduct not connected to buying or selling covered securities.
Securities 9th Mar. 5, 2021
Friedman v. Tesla
Specific statements challenged in Plaintiffs' complaint were protected by 'safe harbor' for forward-looking statements in Private Securities Litigation Reform Act.
Securities 9th Jan. 27, 2021
Grigsby v. BofI Holding
District court erred by concluding that article containing information obtained through Freedom of Information Act request could not qualify as corrective disclosure for purposes of establishing loss causation.
Securities 9th Nov. 4, 2020
In re BofI Holding Inc. Securities Litigation
Corrective disclosures to prove loss causation in a private securities fraud action can come from any source, including knowledgeable third parties such as whistleblowers.
Securities 9th Oct. 9, 2020
Liu v. Securities and Exchange Commission
Disgorgement award that does not exceed a wrongdoer's net profits and is awarded for victims is equitable relief permissible under 15 U.S.C. Section 78u(d)(5).
Securities USSC Jun. 23, 2020
Nguyen v. Endologix, Inc.
Under Private Securities Litigation Reform Act's 'strong inference' standard, scienter cannot be established through implausible allegations.
Securities 9th Jun. 11, 2020
City of Warren Police and Fire Retirement System v. Natera Inc.
Plaintiffs failed to allege a securities fraud cause action in violation of Section 11 of the Securities Act of 1993.
Securities 1DCA/2 Mar. 25, 2020
Jensen v. iShares Trust
The Investment Company Act of 1940 does not grant investors who purchased securities on the secondary market standing to bring a claim under the Security and Exchange Act of 1933.
Securities 1DCA/2 Jan. 27, 2020
Retirement Plans Commitee of IBM v. Jander
To state claim for breach of duty of prudence on basis of inside information, plaintiff must plausibly allege alternative action that defendant could have taken that would have been consistent with securities laws.
Securities USSC Jan. 15, 2020
USSEC v. Feng
Defendant failed to register as broker as required by Securities Exchange Act, and defrauded both his U.S. Immigrant Investor Program clients and U.S. Citizenship and Immigration Services regional centers.
Securities 9th Aug. 26, 2019
Lindie Banks v. Northern Trust Corp.
Trustee's misconduct - over which beneficiary of irrevocable trust has no control - cannot constitute misconduct 'in connection with' sale of covered securities under Securities Litigation Uniform Standards Act.
Securities 9th Jul. 8, 2019
BOKF, NA v. Estes
Defendant's corporate trust department was not within the registered meaning of municipal securities dealer; thus, district court erred in denying defendant's motion for preliminary injunction to enjoin arbitration.
Securities 9th May 3, 2019
Lorenzo v. SEC
Rule 10(b) subsections (a) and (c) 'capture a wide range of conduct,' including the 'dissemination of false or misleading information with the intent to defraud,' whether or not disseminator was 'writer' of information.
Securities USSC Mar. 28, 2019
USSEC v. Schooler
District court correctly ruled in favor of SEC, where a company's general partnership interests were actually investment contracts and qualified as securities under federal law.
Securities 9th Sep. 27, 2018
Northstar Financial v. Schwab Investments
Plaintiffs' complaint reached activities of the defendants that were actionable under the securities laws, making them barred by the Securities Litigation Uniform Standards Act, regardless of the label placed on them.
Securities 9th Sep. 17, 2018
Khoja v. Orexigen Therapeutics
A district court abused its discretion when incorporating by reference certain documents into securities fraud complaint at motion to dismiss stage.
Securities 9th Aug. 14, 2018
Stoyas v. Toshiba Corporation
Class action plaintiffs in a securities fraud case are allowed to amend their complaint because American Depository Shares in foreign corporation are not per se securities within the meaning of the Securities and Exchange Act.
Securities 9th Jul. 18, 2018
Varjabedian v. Emulex
Finding important differences between Rule 10b-5 and Section 14(e) of the Exchange Act, panel parts ways with five circuit courts to determine 14(e) claim need not prove scienter, only negligence.
Securities 9th Apr. 23, 2018
Webb v. SolarCity
Dismissal for failure to adequately plead scienter affirmed where opposing inference drawn from alleged facts is more compelling than inference of scienter.
Securities 9th Mar. 9, 2018
Digital Realty Trust, Inc. v. Somers
Per explicit statutory definition, employee does not gain Dodd-Frank whistleblower retaliation protections unless he reports suspicions of securities law violations to SEC.
Securities USSC Feb. 22, 2018
Mineworkers' Pension Scheme v. First Solar Inc.
The general proximate cause test is proper to determine loss causation in connection with an alleged violation under the Securities Exchange Act of 1934.
Securities 9th Feb. 1, 2018
Fleming v. The Charles Schwab Corp.
Securities Litigation Uniform Standards Act bars suits connected to purchase and sale of security, and which involve deception.
Securities 9th Jan. 2, 2018
Curry v. Yelp, Inc.
Plaintiffs failed to allege scienter and loss causation relating to customer complaints of Yelp's alleged review manipulation.
Securities 9th Nov. 22, 2017
Flowers v. Financial Industry Regulatory Authority Inc.
FINRA defeats securities representative's complaint seeking expungement of his disciplinary record where plaintiff failed to exhaust available administrative remedies.
Securities 4DCA/1 Nov. 6, 2017
Hampton v. Pacific Investment Management Co. LLC
Dismissal of securities class action under Securities Litigation Uniform Standards Act is without prejudice where such dismissal involved jurisdictional issue rather than merits.
Securities 9th Aug. 25, 2017