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Statements of Opinion | D&O Discourse
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Archives: Statements of Opinion. Subscribe to Statements of Opinion. 5 Wishes for Securities Litigation Defense: Effective Use of the Supreme Court’s Omnicare Decision. June 29, 2016. Posted in Defense Counsel. In this installment of the D&O Discourse series 5 Wishes for Securities Litigation Defense. 8221; we discuss the third of five changes that would significantly improve securities litigation defense: to make the Supreme Court’s. Decision a primary tool in the defense of securities class actions.
dandodevelopments.com
Supreme Court | D&O Developments
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Subscribe to Supreme Court. Eleventh Circuit Ignores Omnicare in Rejecting Claim Based on Failure to Disclose True Motivations for Stock Repurchase, in Henningsen v. ADT Corp. (September 7, 2016). By Claire Loebs Davis. September 12, 2016. Posted in 11th Circuit. The 11th Circuit ignored the potential application of the Supreme Court’s 2015 decision in. Henningsen v. ADT Corp. The district court dismissed most of the claims for failure to sufficiently plead falsity and scienter, and rejected the motivati...
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Securities Class Action | D&O Developments
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Subscribe to Securities Class Action. Ninth Circuit Says Ethics Policies Are “Inherently Aspirational,” and Violations Don’t Support Securities Fraud Claims, in. Retail Wholesale v. Hewlett-Packard. January 19, 2017). By Heidi Brooks Bradley. February 16, 2017. Posted in Falsity Analysis. Retail Wholesale and Department Store Union Local 338 Retirement Fund v. Hewlett-Packard Co. and Mark A. Hurd. HP touted its strict code of conduct prior to Hurd’s resignation for violating the code. In this issue of fi...
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Scienter Analysis | D&O Developments
http://www.dandodevelopments.com/category/scienter-analysis
Subscribe to Scienter Analysis. Timing Is Everything: Contemporaneous Knowledge of Falsity Is Key to First Circuit’s Scienter Rulings, in. In re Ariad Pharmaceuticals, Inc. Securities Litigation. November 28, 2016). January 9, 2017. Posted in 1st Circuit. The First Circuit affirmed the dismissal of nearly all securities class action claims against Ariad Pharmaceuticals, Inc. (Ariad) and four corporate officers, in. In re Ariad Pharmaceuticals, Inc., Securities Litig. Greebel v. FTP Software, Inc. Reversi...
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Falsity Analysis | D&O Developments
http://www.dandodevelopments.com/category/falsity-analysis
Subscribe to Falsity Analysis. Ninth Circuit Says Ethics Policies Are “Inherently Aspirational,” and Violations Don’t Support Securities Fraud Claims, in. Retail Wholesale v. Hewlett-Packard. January 19, 2017). By Heidi Brooks Bradley. February 16, 2017. Posted in Falsity Analysis. Retail Wholesale and Department Store Union Local 338 Retirement Fund v. Hewlett-Packard Co. and Mark A. Hurd. HP touted its strict code of conduct prior to Hurd’s resignation for violating the code. In this issue of first imp...
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Third Circuit Criticizes “Kitchen-Sink” Complaint While Upholding Dismissal in OFI Asset Management v. Cooper Tire & Rubber (August 22, 2016) | D&O Developments
http://www.dandodevelopments.com/2016/09/third-circuit-criticizes-kitchen-sink-complaint-upholding-dismissal-ofi-asset-management-v-cooper-tire-rubber-august-22-2016
Raquo; Third Circuit Criticizes Kitchen-Sink Complaint While Upholding Dismissal in OFI Asset Management v. Cooper Tire and Rubber (August 22, 2016). Third Circuit Criticizes Kitchen-Sink Complaint While Upholding Dismissal in OFI Asset Management v. Cooper Tire and Rubber (August 22, 2016). By Claire Loebs Davis. September 1, 2016. Posted in 3rd Circuit. OFI Asset Management v. Cooper Tire and Rubber. 8212; F.3d —, 2016 WL 4434404 (3d Cir. 2016). As to a number of forward-looking statements, the Third C...
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Second Circuit Affirms District Court's Partial Judgment against Vivendi, in In re Vivendi Universal, S.A. Securities Litigation (September 27, 2016) | D&O Developments
http://www.dandodevelopments.com/2016/10/second-circuit-affirms-district-courts-partial-judgment-vivendi-re-vivendi-universal-s-securities-litigation-september-27-2016
Raquo; Second Circuit Affirms District Court’s Partial Judgment against Vivendi, in In re Vivendi Universal, S.A. Securities Litigation (September 27, 2016). Second Circuit Affirms District Court’s Partial Judgment against Vivendi, in In re Vivendi Universal, S.A. Securities Litigation (September 27, 2016). October 11, 2016. Posted in 2nd Circuit. Vivendi: A Victory for Plaintiffs on the Price Maintenance Theory and on Loss Causation. Doug's Linkedin Profile. Doug's Twitter Profile. February 10, 2016).
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First Circuit Finds Too Few Brushstrokes to Paint a Portrait of Scienter, in Local No. 8 v. Vertex Pharmaceuticals (October 3, 2016) | D&O Developments
http://www.dandodevelopments.com/2016/10/first-circuit-finds-brushstrokes-paint-portrait-scienter-local-no-8-v-vertex-pharmaceuticals-october-3-2016
Raquo; First Circuit Finds Too Few Brushstrokes to Paint a Portrait of Scienter, in Local No. 8 v. Vertex Pharmaceuticals (October 3, 2016). First Circuit Finds Too Few Brushstrokes to Paint a Portrait of Scienter, in Local No. 8 v. Vertex Pharmaceuticals (October 3, 2016). October 14, 2016. Posted in 1st Circuit. See Local No. 8 IBEW Ret. Plan and Trust v. Vertex Pharmaceuticals. At *3 (quoting complaint). Defendants moved to dismiss, arguing that the facts alleged did not give rise to a strong infe...
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Statements of Opinion | D&O Developments
http://www.dandodevelopments.com/category/statements-of-opinion
Subscribe to Statements of Opinion. Second Circuit Affirms District Court’s Partial Judgment against Vivendi, in In re Vivendi Universal, S.A. Securities Litigation (September 27, 2016). October 11, 2016. Posted in 2nd Circuit. In a 91-page opinion covering several important securities-litigation issues, the Second Circuit upheld the district court’s partial judgment against Vivendi following a three-month jury trial that resulted in the jury finding Vivendi liable under Section 10(b) and Rule 10b-5.
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Ninth Circuit Smells a Rat: Failure to Disclose FDA Concerns about Rat Study Gives Rise to Strong Inference of Scienter in Schwartz v. Arena Pharmaceuticals (October 26, 2016) | D&O Developments
http://www.dandodevelopments.com/2016/11/ninth-circuit-smells-rat-failure-disclose-fda-concerns-rat-study-gives-rise-strong-inference-scienter-schwartz-v-arena-pharmaceuticals-october-26-2016
Raquo; Ninth Circuit Smells a Rat: Failure to Disclose FDA Concerns about Rat Study Gives Rise to Strong Inference of Scienter in Schwartz v. Arena Pharmaceuticals (October 26, 2016). Ninth Circuit Smells a Rat: Failure to Disclose FDA Concerns about Rat Study Gives Rise to Strong Inference of Scienter in Schwartz v. Arena Pharmaceuticals (October 26, 2016). November 1, 2016. Posted in 9th Circuit. Schwartz v. Arena Pharmaceuticals, Inc. Later, the FDA Advisory Committee voted against approval of lorcase...
