More shareholder challenges of offshore corporate transactions are likely to be filed in U.S. courts following a recent decision holding that a forum clause in a foreign issuer’s deposi...
On April 12, 2019, the United States Court of Appeals for the Second Circuit held that the district court abused its discretion by failing to consider a forum selection clause in a foreig...
In a suit against Volkswagen filed last week, the SEC alleges that the company committed fraud in connection with offerings of its corporate and collateralized debt. This latest U.S. enfo...
On July 17, the Ninth Circuit issued a decision holding that an overseas company with unsponsored ADRs trading in the United States on the over-the-counter market can be liable for violat...
On June 13, 2018, the Ninth Circuit determined that where a shareholder of a Delaware corporation challenges a routine board decision in a derivative action, the shareholder must make a p...
The Supreme Court Holds that American Pipe Tolling Does Not Apply to Subsequent Class Actions; Clarifies that Five-Year Period for Section 10(b) Claims Is a Statute of Repose
On June 11,...
Yahoo! Order Is SEC’s First Cyber-Disclosure Enforcement Action
On April 24, the Securities and Exchange Commission charged Altaba Inc., formerly Yahoo! Inc., with misleading sharehold...
On April 20, 2018, a panel of Ninth Circuit judges held that Section 14(e) of the Securities Exchange Act of 1934 does not require a showing that a defendant acted with scienter, and that...
On March 20, 2018, the Supreme Court decided Cyan, Inc. v. Beaver County Employees Retirement Fund (“Cyan”), ruling unanimously that, under the Securities Litigation Uniform Standards...
The Delaware Supreme Court, in an opinion by Chief Justice Strine, recently reversed and remanded the Chancery Court’s ruling in DFC Global Corporation v. Muirfield Value Partners, L.P....
