| 3/24/2008 |
SOX Litigation-Hold Triggers — Public and Private Companies Susceptible to Criminal Prosecution for Obstruction of Justice |
 |
| Years after passage of the Sarbanes-Oxley Act of 2002, many companies still believe the Act applies uniquely to public companies. more |
|
 |
| 1/28/2008 |
Securities Litigation Alert—The Foreign Corrupt Practices Act: The Next Corporate Scandal? |
|
| As the stock option backdating cases wind down, what will be the next corporate scandal to gain widespread notoriety? more |
|
|
| 9/4/2007 |
Securities Litigation Alert—Insider Trading Is Back |
|
| Most of the SEC enforcement actions brought this year against Wall Street professionals and corporate executives involve insider trading in advance of mergers and acquisitions. more |
|
|
| 6/21/2007 |
Securities Litigation Alert—A Major Victory for Defendants in Securities Class Actions: Tellabs, Inc. v. Makor Issues & Rights, Ltd. |
|
| On June 21, 2007, the U.S. Supreme Court handed down a decision that provides welcome news to any public company, officer or director facing the prospect of a securities class action lawsuit. more |
|
|
| 6/20/2007 |
U.S. Supreme Court Reconciles Antitrust Law and Securities Regulation |
|
| On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the U.S. Supreme Court issued an important decision about the relationship between the federal antitrust laws and the federal securities laws more |
|
|
| 5/24/2007 |
Antitrust Alert: Beware of HSR Filing Requirements for Option Exercises or Vesting of Restricted Stock |
|
| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more |
|
|
| 4/12/2007 |
Securities Litigation Alert—Northern District of California Dismisses Shareholder Derivative Stock Options Backdating Case: In re CNET Networks, Inc., Shareholder Derivative Litig. |
|
| In a detailed and thoughtful decision—and one that is certain to be cited frequently in the months ahead - Judge William Alsup has dismissed a shareholder derivative complaint against various officers and directors of CNET Networks, Inc... more |
|
|
| 3/30/2007 |
Securities Litigation Alert—Tellabs, Inc. et al. v. Makor Issues & Rights, Ltd., et al. |
|
| On March 28, 2007, the United States Supreme Court heard oral argument in Tellabs, Inc., et al. v. Makor Issues & Rights, Ltd., et al., a case that promises to resolve a significant and long-standing disagreement among courts on interpretation of the requirement that plaintiffs in securities fraud actions plead a "strong inference" of scienter. more |
|
|
| 2/12/2007 |
Securities Litigation Alert—First Delaware Decisions on Option Grant Dating:
Ryan v. Gifford and In re Tyson Foods, Inc. Consol. Shareholder Litig. |
|
| In two separate decisions issued on February 6, the Delaware Chancery Court weighed in for the first time on issues directly relating to the current wave of stock option matters. more |
|
|
| 1/16/2007 |
Corporate and Securities Law Update - New HSR Thresholds and Waiting Periods Effective February 2007 |
|
| The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase effective February 16 or 19, 2007 (depending on publication date), due to an annual adjustment mechanism that was created in the last round of amendments to the Act. more |
|
|
| 9/27/2006 |
D&O Liability Insurance—Coverage Risks for Innocent Directors and Officers |
|
| Innocent directors and officers are at risk of losing D&O insurance coverage because of the knowledge or acts of other insureds. more |
|
|
| 8/22/2005 |
Corporate and Securities Law Update - California Supreme Court Decision Reduces Risk of Personal Unpaid Wage Liability for Officers and Directors of Troubled Companies |
|
| The California Labor Code provides employees with a
private right of action to recover unpaid wages against their employer. However, the relevant provisions of the Labor
Code do not define who is an "employer." more |
|
|
| 5/25/2005 |
Corporate and Securities Law Update - Regulation FD Enforcement Actions |
|
| This memorandum summarizes the fact patterns of actions to present the application of Regulation FD in practical terms. more |
|
|
| 2/14/2005 |
Recent Trends In Securities Litigation: Perspectives From Plaintiffs And Regulators |
|
| The 2005 D&O Liability and Insurance Symposium in New York, sponsored by the Professional Liability Underwriting Society, featured a panel of top plaintiffs' lawyers, more |
|
|
| 5/16/2003 |
M&A Development: Court Declares Certain Deal Protection Mechanisms Unenforceable |
|
| In Omnicare, Inc. vs. NCS Healthcare, Inc., the Supreme Court of Delaware effectively warns M&A deal makers that overreaching deal protection mechanisms may be unenforceable. more |
|
|
