Securities Law Updates

Featured Expert Legal Commentary

Amgen Inc. v. Connecticut Retirement Plans & Trust Funds: Supreme Court Sides with Investors in Securities Fraud Class Action

By Josh Lawler of Zuber Lawler & Del Duca

In a 6-3 decision, the Supreme Court recently held that plaintiffs alleging § 10(b) securities fraud do not need to prove the materiality of a defendant’s alleged fraudulent statements and omissions in order to receive class certification, settling a circuit split. In Amgen Inc. v. Connecticut Retirement Plans & Trust… More...

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Gabelli v. SEC: Unanimous Supreme Court Rejects Extending Statute of Limitations in SEC Enforcement Actions

Gabelli v. SEC  |  April 8, 2013

The Supreme Court recently upheld the five-year statute of limitations for SEC enforcement actions. In Gabelli v. SEC, No. 11-1274, (U.S. Feb. 27, 2013), the Court unanimously rejected the use of the discovery rule, which would have started to run the statute of limitations once the SEC knew of, More...

In re Rigel Pharmaceuticals, Inc.: Ninth Circuit Increases Difficulty for Investors to Sue Drug Companies Based on Clinical Trial Results

December 6, 2012

The Ninth Circuit recently held that disagreement over the interpretation of clinical drug trial results was insufficient to plead falsity in a securities fraud claim. In In re Rigel Pharmaceuticals, Inc., No. 10-17691, 2012 U.S. App. WL 3858112 (9th Cir. Sept. 6, 2012), the Court adopted the More...

Mastick v. TD Ameritrade, Inc.: Court Upholds Use of California Arbitration Act in Contracts Governed by California Law

Mastick v. TD Ameritrade, Inc. et. al.  |  November 30, 2012

A California Court of Appeal recently held that a contract with a California choice of law provision fell under the scope of the California Arbitration Act and not the Federal Arbitration Act. In doing so, the court in Mastick v. TD Ameritrade, Inc. et. al. removed some of the confusion regarding More...

Lawson et al. v. FMR LLC: Sarbanes-Oxley’s Whistleblower Protection Is Limited to Employees of Publicly Traded Companies

March 28, 2012

In a split decision, the First Circuit recently held that Sarbanes-Oxley’s whistleblower protection is limited to employees of publicly traded companies and thus excludes employees of a publicly traded company’s contractors. In Lawson et al. v. FMR LLC, 670 F.3d 61 (1st Cir. 2012), a case of More...

Matrixx Initiatives, Inc., et al. v. Siracusano: Securities Plaintiffs Can Use Inferences to Show Materiality and Scienter at the Pleading Stages

Matrixx Initiatives, Inc., et al. v. Siracusano  |  June 29, 2011

The United States Supreme Court has ruled that in securities cases under §10(b) and Rule 10b–5 the requirement of the materiality of a defendant’s misrepresentations cannot be reduced to a bright-line rule. Facts giving rise to a strong inference that a defendant acted with the required state More...

Parkcentral Global v. Brown Investment: Hedge Fund Investors Are Entitled to Ownership Lists

Parkcentral Global L.P. v. Brown Inv. Management L.P.  |  December 27, 2010

The Delaware Supreme Court has ruled that hedge funds cannot hide behind federal privacy laws in refusing to disclose the identities of their investors. In Parkcentral Global L.P. v. Brown Inv. Management L.P., 1 A.3d 291 (Del. 2010), the Delaware Supreme Court held that federal privacy laws do not More...

Malack v. BDO Seidman: Rejecting the “Fraud-Created-The-Market” Theory of Reliance

Malack v. BDO Seidman, LLP  |  November 12, 2010

The U.S. Court of Appeals for the Third Circuit has rejected the use of the “fraud-created-the-market” theory of reliability for securities fraud claims. In Malack v. BDO Seidman, LLP, 617 F.3d 743 (3rd Cir. 2010), the Third Circuit upheld denial of class certification in a securities fraud More...

PIMCO v. Mayer Brown: Adopting the “Attribution” Standard for Secondary Actors

Pacific Investment Management Co. v. Mayer Brown  |  July 6, 2010

The Second Circuit has held that secondary actors can be held liable for Rule 10b-5 damages actions only for false statements attributed directly to the secondary actor at the time of their dissemination. In Pacific Investment Management Co. v. Mayer Brown, 603 F.3d 144 (2nd Cir. 2010), the Court More...

Merck & Co. v. Reynolds: Statute of Limitations for Securities Fraud Begins to Run When Plaintiff Receives Evidence of Scienter

Merck & Co. v. Reynolds  |  June 30, 2010

The U.S. Supreme Court has held that the statute of limitations set forth in 28 U.S.C. section 1658(b)(1) begins to run once the reasonable investor/plaintiff discovers the facts constituting the elements of the violation, including scienter. In Merck & Co. v. Reynolds, ___ U.S. ____, 130 S.Ct. More...

Jones v. Harris: Gartenberg Is the Proper Standard to Assess Whether Advisor Fees Are Excessive

Jones v. Harris Associates  |  May 21, 2010

The Supreme Court of the United States has embraced the Gartenberg standard for analyzing claims of excessive fund advisory fees under section 36(b) of the Investment Company Act of 1940. The Court’s unanimous opinion in Jones v. Harris Associates, ___ U.S. _____, 130 S.Ct. 1418 (2010), ended a More...

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Companies Mentioned

Securities Law

The following companies are mentioned in Securities Law Updates:

Banc of America Securities LLC

Harris Associates, L.P.

Citigroup Global Markets, Inc.

Jan Charles Finance S.A.

CIBC World Markets Corp.

Citicorp USA, Inc.

The Public Employees’ Retirement System of Mississippi

Citigroup Inc.

Park East, Inc.

Suisse Securities (USA) LLC

Asset Management Holding AG,

PricewaterhouseCoopers LLP

Oppenheimer & Co. Inc.

Citibank, N.A.

RH Capital Associates, LLC

Asset Management Holding AG

Massachusetts State Carpenters Pension Fund

Thomas Weisel Partners LLC

CIBC, Inc.

Pacific Investment Management Company, LLC

Salomon Smith Barney, Inc.

Flowserve Corp.

Jefferies & Company, Inc.

Mayer Brown LLP

Citigroup, Inc.

Credit Suisse First Boston LLC

Tellabs, Inc.

Calyon Securities (USA), Inc. f.k.a. Credit Lyonnais Securities (USA) Inc.

BDO Seidman, LLP

Alaska Electrical Pension Fund

Makor Issues & Rights, Ltd.

Calyon New York Branch (successor by operation of law to Credit Lyonnais New York Branch)

Hayward Pediatrics, Inc.

Aetna, Inc.

Central States Group

Metal Management, Inc.

Buchanan Ingersoll & Rooney Professional Corporation

W. R. Huff Asset Management Co., LLC

New Mexico Group for Stockholder Litigation

European Metal Recycling, Ltd.

BNY Capital Markets, Inc.

Toronto Dominion Texas, LLC f.k.a. Toronto Dominion Texas, Inc.

Retirement Systems of Alabama for Bondholder Litigation

Magnolia Capital Advisors, Inc.

BMO Nesbitt Burns Corp. n.k.a. Harris Nesbitt Burns Corp.

The Royal Bank of Scotland plc

HealthSouth Corp.

Bear Stearns Securities Corp.

Barclays Capital Inc.

The Bank of Nova Scotia

Additional Resources

Securities Law