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7 Jan 2014, 11:38 pm by Kevin LaCroix
” The authors propose to limit class-wide reliance to “reliance on the market price of a security not being fraudulently distorted – that is, reliance on the market price not being impacted by (and thus reflecting) misstatements and omissions that produced a price different from what it would have been in the absence of fraud. [read post]
7 Jan 2014, 8:49 am by Michael Markarian
Congress returns to Washington today to convene the second session of the 113th Congress, and it’s a good time to take stock of what was achieved in 2013 and the pathway for animals in the New Year. [read post]
6 Jan 2014, 11:20 pm by Kevin LaCroix
Levinson, securities plaintiffs seeking class certification in Section 10(b) cases have been able to dispense with the need to show that each of the individual class members relied on the alleged misrepresentation, based on the presumption that in an efficient marketplace, a company’s share price reflects all publicly available information about a company, including the alleged misrepresentation, and that the plaintiff class members relied on the market price. [read post]
6 Dec 2013, 7:03 am by Broc Romanek
Under Court of Chancery Rule 12(b)(6), a counterclaim will only be dismissed if it clearly lacks merit as a matter of law or fact. [read post]
18 Nov 2013, 12:26 am by Kevin LaCroix
 Without the benefit of the presumption, it would be much more difficult for Section 10(b) claimants to pursue their claims as a class action. [read post]
4 Nov 2013, 9:46 am by Jane Chong
Over the last month, on our New Republic: Security States newsfeed, we rolled out a series designed to explain why fairly allocating the costs of software deficiencies between software makers and users is so critical to addressing the growing problem of vulnerability-ridden code—and how such a regime will require questioning some of our deep-seated beliefs about the very nature of software security. [read post]
29 Oct 2013, 7:15 am by James Hamilton
Robert Hurt (R-VA) has circulated a discussion draft to provide an optional exemption for EGCs and non-accelerated filers from SEC rules requiring registrants to file their financial statements in an interactive data format known as eXtensible Business Reporting Language (XBRL). [read post]
26 Sep 2013, 11:00 am by Benjamin Wittes
The opportunities for transparency are limited because the price of transparency, at least while programs remain secret, is unacceptably high in operational terms. [read post]
25 Sep 2013, 9:30 am by azatty
Marcus characterized the ruling as one of many examples of the pro-business leanings of the Roberts Court. [read post]
25 Sep 2013, 9:30 am by azatty
Marcus characterized the ruling as one of many examples of the pro-business leanings of the Roberts Court. [read post]
3 Sep 2013, 1:38 am by Kevin LaCroix
Every fall, I take a step back and survey the most important current trends and developments in the world of Directors’ and Officers’ liability and D&O insurance. [read post]