Nicole C. Mueller

Apr 15, 2024 | natlawreview.com | Nicole C. Mueller

On Friday, 12 April 2024, the United States Supreme Court unanimously ruled that a corporation’s failure to disclose certain information about its future business risks, without more, cannot form the basis of a private securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5.1 The ruling resolved a split among the circuits, and vacated a ruling from the Second Circuit, which would have expanded an individual shareholder’s private right of action under...

May 4, 2023 | natlawreview.com | Mogin Rubin |Nicole C. Mueller

Florida’s legislature has sent changes to the Florida Telephone Solicitation Act (the FTSA) to the governor’s desk for signature that significantly restrict the scope of the act and the private right of action thereunder. These changes narrow the definition of technologies falling within the statute, clarify the process for obtaining consent, and impose a notice-and-cure requirement before allowing a suit to be brought.