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11 Mar 2024, 6:10 am by Unknown
Congress has required scienter to be pleaded with particularity, which demands detail—“omissions and ambiguities count against inferring scienter” (Tellabs, Inc. v. [read post]
5 Oct 2022, 6:30 am
Posted by Laura Harder, Cleary Gottlieb Steen & Hamilton LLP, on Wednesday, October 5, 2022 Editor's Note: Laura Harder is an Associate at Cleary Gottlieb Steen & Hamilton LLP. [read post]
9 Apr 2021, 6:00 am
Complicating things, in 1995, the Private Securities Litigation Reform Act imposed a further threshold upon plaintiffs in that they must plead a "strong inference" of scienter; and, as held in 2007 by the United States Supreme Court in Tellabs, Inc. v. [read post]
22 Feb 2016, 4:36 pm by Kevin LaCroix
After attending the PLUS D&O Symposium  some years ago, several colleagues at Partner Re thought it might be worthwhile to provide D&O insurance professionals with historical overview of the evolution of Directors and Officers insurance (D&O) in the US marketplace. [read post]
9 Apr 2015, 4:23 am by Kevin LaCroix
One of the more significant recent developments in the corporate and securities litigation arena has been the emergence of the debate over fee-shifting bylaws following the Delaware Supreme Court’s May 2014 decision in ATP Tour, Inc. v. [read post]
8 Jan 2015, 3:04 am by Broc Romanek
Despite the lack of fanfare, Omnicare likely will have the greatest practical impact of any Supreme Court securities decision since the Court’s 2007 decision in Tellabs, Inc. v. [read post]
6 Jan 2015, 4:14 am by Kevin LaCroix
  The possibility of litigation reform through bylaw revision received a substantial boost in May 2014, when the Delaware Supreme Court in the ATP Tours, Inc. v. [read post]
27 Jan 2014, 11:40 am
Evid. 201 (allowing a court to take judicial notice of a fact "not subject to reasonable dispute in that it is . . . capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned"); Tellabs, Inc. v. [read post]
10 Jun 2013, 5:38 am
After Fujitsu Limited ("Fujitsu") filed a patent infringement action against Tellabs, Inc. [read post]
2 Apr 2013, 4:00 am by Matthew Tolve
On the basis of these new allegations, the district court denied a motion to dismiss the SAC, finding them sufficient to allege scienter under the standard set forth in Tellabs, Inc. v. [read post]