Brett De Jarnette

Feb 7, 2024 | mondaq.com | Brett De Jarnette |Samantha Kirby

Plaintiffs often file securities fraud claims against pharmaceutical companies alleging that the company misled investors about clinical data, despite the US Food and Drug Administration (FDA) subsequently approving the drug and agreeing with the company's interpretation. In December 2023, the US Court of Appeals for the Second Circuit arising from this fact pattern.

Jan 31, 2024 | jdsupra.com | Brett De Jarnette |Samantha Kirby

Plaintiffs often file securities fraud claims against pharmaceutical companies alleging that the company misled investors about clinical data, despite the US Food and Drug Administration (FDA) subsequently approving the drug and agreeing with the company’s interpretation. In December 2023, the US Court of Appeals for the Second Circuit arising from this fact pattern.

Jun 12, 2023 | jdsupra.com | Tijana Brien |Brett De Jarnette |Patrick Gibbs

On June 1, 2023, the US Court of Appeals for the Ninth Circuit held in a split en banc decision that forum-selection clauses requiring shareholders to file derivative claims in the Delaware Court of Chancery are enforceable as applied to claims asserted derivatively under Section 14(a) of the Securities Exchange Act of 1934.

Mar 23, 2023 | jdsupra.com | Brett De Jarnette |Patrick Gibbs

March 23, 2023 Brett De Jarnette, Patrick Gibbs, Amie Simmons Cooley LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Biotech companies are often faced with a dilemma – they need to raise capital to develop novel therapies, and in doing so, they often express honest optimism about interim and topline results from their drugs in development. But they cannot be reasonably expected to disclose all results or interpretations of...

Mar 22, 2023 | lexology.com | Patrick Gibbs |Brett De Jarnette

Biotech companies are often faced with a dilemma – they need to raise capital to develop novel therapies, and in doing so, they often express honest optimism about interim and topline results from their drugs in development. But they cannot be reasonably expected to disclose all results or interpretations of the clinical data to avoid the threat of shareholder litigation.