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2 months ago | 
jdsupra.com | Joni Jacobsen |Angela Liu |Julia Cameron
Key TakeawaysIn this edition of Dechert’s Securities & Derivative Litigation Quarterly Update, we: Examine trends in federal securities class-action filings, which saw a slight uptick in 2024, with an increase in AI-related cases and notable declines in SPAC and cryptocurrency-related filings; Discuss recent decisions applying the U.S. Supreme Court’s 2021 decision in Goldman Sachs Group, Inc. v.
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Nov 13, 2024 | 
directorsandboards.com | Joni Jacobsen |Angela Liu |Julia Cameron
Caremark claims, named after the landmark case In re Caremark International Inc. Derivative Litigation, have been described as one of the most difficult theories for plaintiffs to pursue. These claims allege that directors breached their fiduciary duties by failing to make a good-faith effort to oversee the company's operations.
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Aug 29, 2024 | 
directorsandboards.com | Joni Jacobsen |Angela Liu
In today's corporate environment, companies have increasingly undertaken internal investigations to assess concerns of corporate wrongdoing. While these investigations can be overseen by a company's board, the board may delegate this responsibility to an independent committee, particularly when the investigation concerns sensitive issues, senior management conduct, or concerns about the company's ability to conduct an independent investigation.
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Jul 10, 2024 | 
directorsandboards.com | Joni Jacobsen |David A. Kotler |Angela Liu
Board minutes often contain information that is subject to the attorney-client privilege and that directors may prefer to keep confidential. However, most jurisdictions allow stockholders to inspect corporate books and records, including board minutes. When disclosure is required, either in response to a books-and-records demand or in litigation, minutes can be redacted to protect attorney-client privilege.
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Mar 14, 2024 | 
news.bloombergtax.com | Joni Jacobsen |Angela Liu |Timothy Spangler
The arc of crypto-related securities class actions in the coming months will likely reflect the health of the cryptocurrency and digital assets market. These class actions surged to record highs in 2022 after major disruptions in crypto, then quieted to pre-2022 levels in 2023 as the crypto market rebounded. As 2024 continues, the landscape of the cryptocurrency and digital assets market, and subsequent litigation, are poised to evolve further.
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Nov 8, 2023 | 
jdsupra.com | Joni Jacobsen
November 8, 2023 To embed, copy and paste the code into your website or blog: With just one quarter remaining in 2023, securities and derivative litigation continues to develop with new standards being articulated or clarified, particularly by decisions within the Second Circuit: The Second Circuit provided additional guidance regarding when statements of opinion may nevertheless be actionable; and In Goldman, the Second Circuit instructed the district court to decertify a class thereby...
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Oct 12, 2023 | 
law360.co.uk | Joni Jacobsen |Angela Liu
Get instant access to the one-stop news source for business lawyers Register Now! Start your free 7-day trial To continue reading, fill out the form below to activate a free 7-day trial of Law360.
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Sep 19, 2023 | 
lexology.com | Joni Jacobsen |Angela Liu
Click here to listen to the audioJoni Jacobsen, co-chair of the global securities and complex litigation team and Angela Liu, securities litigation partner are joined by Tiffany Engsell, Senior Counsel, Litigation & Government Investigations, Bristol Myers Squibb, to discuss securities fraud class actions against U.S. life sciences companies and what to look out for after your company becomes public.
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Jun 6, 2023 | 
jdsupra.com | Steven W. Engel |Rick Horvath |Joni Jacobsen
Key Takeaways U.S. Supreme Court resolves circuit split created by Ninth Circuit decision which had held that traceability not required in the context of a direct listing. By requiring traceability, the Supreme Court cabins strict liability of Section 11. On June 1, 2023, a unanimous U.S. Supreme Court held in Slack Techs., LLC v.
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May 19, 2023 | 
jdsupra.com | Steven W. Engel |Rick Horvath |Joni Jacobsen
May 19, 2023 Steven Engel, Rick Horvath, Joni Jacobsen, Taylor Jaszewski Dechert LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Key Takeaways Court of Chancery holds that conflicted transactions involving a potential controller may still be considered under the deferential business judgment rule, rather than entire fairness, if the evidence does not establish the potential controller exercised actual control. Procedural...
