myCorporateResource.com

Skip to content

You are here: SEC & Securities Law

Securities Litigation

Federal Securities Litigation

Andrews Kurth: Second Circuit Holds that Two Series of Common Stock Are Not Matchable Under the Short-Swing Profit Rule

Skip to content

Trending ..... Broker-Dealer Faces FCPA, Travel Act and Securities Fraud Charges for Venezuelan Payments ..... SEC Charges City of Harrisburg with Securities Fraud for Fraudulent Public Statements ..... SEC Proposes Rules for Cross-Border Security-Based Swap Activities ..... Ralph Lauren Settles FCPA Charges ..... SEC/CFTC Issue Identity Theft Rules ..... Netflix Report: Regulation FD & Social Media ..... SEC Warns on Use of "Finders" ..... In re Puda Coal: Claims Against Chinese Directors Get Go Ahead ..... SEC Proposes More Tech Rules for Automated Systems ..... Kallick: DE Board Enjoined from Opposing Rival Slate ..... Advisers Falling Short on Custody Rule ..... SCOTUS Rules on Amgen; Materiality for Class Certification ..... Gabelli v. SEC: SCOTUS on Limitations Period for Federal Enforcement Actions ..... SEC's 2013 Adviser Examination Priorities ..... SEC Speaks ..... Say-on-Pay Litigation ..... District Court on SEC's FCPA Reach ..... SEC Eyes Up Private Equity ..... DOJ/SEC Issue FCPA Guidance ..... Iran Sanctions Include SEC Disclosure Mandate .....

Second Circuit Holds that Two Series of Common Stock Are Not Matchable Under the Short-Swing Profit Rule [Gibbons v. Malone]

Andrews Kurth
February 1, 2013
3 pages

Latest Federal Securities Litigation News

Andrews Kurth: Recent Developments in Securities and M&A Litigation

May 18, 2013 Federal Securities Litigation

Willkie Farr & Gallagher: Second Circuit Curtails 10b-5 Market Manipulation Claims [Fezzani et al. v. Bear Stearns & Co et al]

May 09, 2013 Federal Securities Litigation

Latham & Watkins: Another Day, Another Forum: Strategies For Litigating Stockholder Class Actions and Derivative Suits in Multiple Forums

May 08, 2013 Federal Securities Litigation

CSX v. The Children’s Investment Fund: Do Equity Swaps Confer Beneficial Ownership?

White & Case: CSX Corp. v. Children's Investment Fund Management (UK) LLP: Disclosure Requirements in the Context of Total Return Swaps

McGuireWoods: Implications of the Second Circuit Decision in CSX Corporation v. The Children's Investment Fund Management (UK) LLP

Dechert: U.S. Court Clarifies: Shareholders Acting in Concert May Not Be a “Group”; Contrast with English Law “Concert Parties” Approach

Erica P. John Fund v. Halliburton: Loss Causation in Securities Class Action

WilmerHale: Supreme Court Rejects Proving Loss Causation as a Requirement for Class Certification in Securities Fraud Class Actions

Latham & Watkins: Supreme Court Reverses Fifth Circuit by Ruling That Securities Fraud Plaintiffs Need Not Prove Loss Causation to Obtain Class Certification

Simpson Thacher: Directors’ and Officers’ Liability: Loss Causation Proof Not Required to Obtain Class Certification

Janus Capital Group & Investment Adviser Liability

Willkie Farr & Gallagher: District Court, Applying Janus Broadly, Rules Against The SEC in Securities Fraud Case

Paul Hastings: What Janus Meant: The First Wave of Court Decisions Interpreting the Supreme Court’s “Ultimate Authority” Test in Securities Cases

Arnold & Porter: Notwithstanding Janus…

Matrixx v Siracusano & Disclosure/Materiality of Adverse Event Reports

McCarter & English: Matrixx and Recent Lower Court Decisions

Pepper Hamilton: Lower Courts Follow Matrixx's Guidance on Motions to Dismiss

Akin Gump: Supreme Court Gives Guidance On Materiality Standard

Janus Capital Group & Investment Adviser Liability

Willkie Farr & Gallagher: District Court, Applying Janus Broadly, Rules Against The SEC in Securities Fraud Case

Paul Hastings: What Janus Meant: The First Wave of Court Decisions Interpreting the Supreme Court’s “Ultimate Authority” Test in Securities Cases

Arnold & Porter: Notwithstanding Janus…

Morrison v. National Australia Bank: "F-Cubed" Holding Limits Extraterritorrial Application of Section 10(b)

McDermott Will & Emery: Morrison v National Australia Bank and its Progeny: US Capital Markets Become Safer and More Hospitable for Non-US Corporates

Sullivan & Cromwell: The Territorial Reach of U.S. Securities Laws After Morrison v. National Australia Bank: Recent Lower Court Decisions Applying Morrison Limit Overseas Reach of the U.S. Securities Laws

Shearman & Sterling: After Morrison: The Case for a New Hague Convention on The Law Applicable to Securities Frauds

Omnicare & Gun-Jumping (Pre-merger Information Exchange)

Paul Weiss: Seventh Circuit Affirms Dismissal of “Buyers’ Cartel” Claim, Provides Guidance Regarding Premerger Information Sharing

Jones Day: U.S. Court Rules on Premerger Exchange of Information, Highlighting Risks and Best Practices for Merging Parties

Dorsey & Whitney: Premerger Information Sharing and Coordination: Seventh Circuit Rules in Omnicare v. UnitedHealth Group, Inc.

Second Circuit Limits Secondary Actor Liability in Pacific Mgmt v Mayer Brown

Drinker Biddle: Guilty but Not Liable: Does Section 10(b) Require Revision?

Paul Hastings: Second Circuit Affirms Bright Line Attribution Test for Secondary Actor Liability in Private Securities Fraud Actions

Second Circuit Limits Secondary Actor Liability in Pacific Mgmt v Mayer Brown

Omnicom & Proving Loss Causation in the Second Circuit

Greenberg Traurig: In Re Omnicom: Second Circuit Issues Stringent Standard to Establishing Loss Causation in Securities Fraud Cases

Paul Weiss: Second Circuit Review: Continuing to Raise the Bar to Proving Loss Causation in Securities Fraud Cases

Latham & Watkins: The Second Circuit Issues Latest Opinion On Loss Causation In Omnicom

Tambone: First Circuit Rejects Rule 10b-5 Liability For “Implied” Misrepresentations

Sidley Austin: Liability for Secondary Actors

Kramer Levin: First Circuit En Banc Rejects 10b-5 Theory of Primary Liability for Securities Professionals Based on "Implied Statements"

Goodwin Procter: First Circuit Dismisses SEC’s Rule 10b-5 Claim Against Executives of Mutual Fund’s Principal Underwriter Over Alleged Misstatements in Fund Prospectuses

Merck & Statute of Limitations in Federal Securities Fraud Cases

Barnes & Thornburg: Delaware Supreme Court Alters Fiduciary Duty Landscape for LLCs [Gatz Properties v. Auriga Capital]

Jones Day: The Supreme Court's Ruling in Merck Increases Uncertainty in Assessing Securities Fraud Litigation Risk

Arnold & Porter: Merck & Co. v. Reynolds: Some Open Questions on Availability Of Statute of Limitations Defense in Federal Securities Cases

Avaya: Third Circuit Weighs In on Tellabs Scienter

Pepper Hamilton: Practical Implications Of The Third Circuit’s Decision in Avaya to Eliminate Motive and Opportunity as an Independent Basis for Pleading Scienter

Pepper Hamilton: Avaya Case Represents Significant Reassessment of Law with Respect to Scienter

Milbank: Third Circuit Interprets Tellabs; Motive and Opportunity is Neither Necessary Nor Sufficient to Allege Scienter [Institutional Investors Group, et al. v. Avaya, Inc., et al.]

Glazer: Liability for Reps & Warranties in Merger Agreement

Drinker Biddle: Ninth Circuit Decision Reminds Issuers Of Potential Liability For Statements In Exhibits To SEC Disclosure Reports

Jenner & Block: Recent 9th Circuit Case May Impact Litigation Risk in Mergers

Skadden: Ninth Circuit Suggests Representations and Warranties in Exhibits to SEC Filings May be Basis for Disclosure Claims