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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Grier v. Finjan Holdings
Shareholder's securities fraud class action suit failed to meet Securities Exchange Act Section 14(e)'s subjective falsity requirement even though it only required proving a reasonable and not strong inference of falsity. 		Securities 9th Jan. 23, 2023
Pino v. Cardone Capital LLC
Dismissal of plaintiff's putative class action complaint was error because mass communication via social media posts seeking investors was still a solicitation covered by the Securities Act of 1933. 		Securities 9th Dec. 22, 2022
U.S. Securities & Exchange Commission v. Murphy
Individuals who traded and acted as agents behaved as brokers within the Securities Exchange Act's meaning and were required to register as brokers. 		Securities 9th Oct. 5, 2022
Saliba v. USSEC
Even though it had jurisdiction over other issues, the court lacked jurisdiction over issue SEC remanded because it was not a final order from which legal consequences would flow. 		Securities 9th Sep. 1, 2022
Macomb County Employees' Retirement System v. Align Technology, Inc.
In a securities fraud action, statements made by corporate executives were non-actionable puffery because they were vague, generically positive terms to describe the company's potential for growth in a marketplace. 		Securities 9th Jul. 8, 2022
In re Nektar Therapeutics Securities Litigation
Plaintiff shareholders failed to adequately plead misrepresentation based on the inclusion of an outlier in claims about a clinical study. 		Securities 9th May 20, 2022
Lee v. Fisher
Shareholder was unable to prove that Gap Inc.'s forum-selection clause was against public policy. 		Securities 9th May 16, 2022
Wong v. Restoration Robotics
Federal court forum provision requiring that suits be brought in federal court did not implicate the "removal bar" provision of the Securities Act because removal was not at issue. 		Securities 1DCA/2 May 2, 2022
Weston Family Partnership v. Twitter
Twitter, Inc. had no legal duty to disclose immediately the software bugs in its Mobile App Promotion product, given that its earlier statements about the product's progress were qualified and vague. 		Securities 9th Mar. 24, 2022
Pirani v. Slack Technologies
A shareholder who had purchased shares through a direct listing had standing to sue on the grounds that the registration statement was misleading. 		Securities 9th Sep. 21, 2021
George Mersho v. USDC-AZP
District court erred when it failed to comply with burden shifting process Congress established in Private Securities Litigation Reform Act. 		Securities 9th Jul. 26, 2021
In re Volkswagen Litigation
Because plaintiff alleged both omissions and affirmative misrepresentations its case was pushed outside 'Affiliated Ute Citizens of Utah v. United States' narrow reliance presumption. 		Securities 9th Jun. 28, 2021
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
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