The Securities and Exchange Commission today announced settled fraud charges against Hyzon Motors Inc., an upstate New York-based company that builds hydrogen fuel cell electric vehicles (FCEVs), f...
The Securities and Exchange Commission today announced that Concord, California-based registered investment adviser AssetMark Inc. has agreed to pay more than $18 million to settle charges related ...
The Securities and Exchange Commission today released a report to Congress summarizing policy recommendations made during the 42nd Annual Government-Business Forum on Small Business Capital Formati...
The Securities and Exchange Commission today announced that New York-based Bruderman Asset Management LLC (BAM) and its principal, Matthew J. Bruderman, agreed to settle charges related to their fa...
The Securities and Exchange Commission today charged Matthew Motil, host of the podcast, “The Cash Flow King,” for fraudulently raising approximately $11 million from more than 50 investors in a Po...
Thanks to my dear and patient friend and colleague Nizan Packin, I set out on a research and writing adventure a bit more than eighteen months ago. The result is a book chapter on NFTs for her fort...
Earlier this week, Matt Levine used his column to highlight this paper on SSRN, “Executives vs. Chatbots: Unmasking Insights through Human-AI Differences in Earnings Conference Q&A” The authors fin...
I found the message below in my "in box" yesterday from Celia Bigoness and Beth Lyon at Cornell Law and thought it important to share the opportunities they reference with the broader BLPB communit...
I am the daughter of two Depression Era babies. My parents always appreciated what they had and worked hard to earn it. And they were aware of and respected those who contributed their time and eff...
Berkeley Center for the Study of Law and Society Applications for Visiting Scholars Program THE APPLICATION PERIOD FOR THE 2024-25 ACADEMIC YEAR IS NOW OPEN. Please submit your application by Decem...
10b-5 Daily:
The 10b-5 Daily
News and events related to securities class action litigation. Containing all facts, with particularity, and an occasional dose of commentary.
To what extent can plaintiffs commission an expert report based on public information and rely on it in their complaint to adequately plead securities fraud? The Ninth Circuit recently addressed this issue in E. Ohman J:or Fonder AB v. NVIDIA … Continue reading →
It would appear that the third time’s the charm, at least for Goldman Sachs in its long-running securities class action related to certain collateralized debt obligation (CDO) transactions. For the past several years, the key issue in the case has … Continue reading →
When faced with litigation, companies often publicly opine that the case is “without merit.” But if the company loses the litigation, can investors then bring a securities class action alleging that opinion was false? In City of Fort Lauderdale Police and … Continue reading →
When the U.S. Supreme Court issues a securities litigation opinion, it rarely is having the last word on the subject. Lower courts still have to interpret and apply the Court’s holding. Last month, a decision from the U.S. Court of … Continue reading →
Securities class actions involving Special Purpose Acquisition Companies (SPACs) can raise interesting issues. A SPAC is a publicly traded shell company created to merge with an existing privately held business so as to allow the target company to go public … Continue reading →
NERA Economic Consulting and Cornerstone Research have released their respective 2022 annual reports on federal securities class action filings. As usual, the different methodologies employed by the two organizations have led to slightly different numbers, although they both identify the same general trends. … Continue reading →
To what extent should courts rely upon market analysts in determining the meaning of corporate statements? In Boykin v. K12, Inc., 2022 WL 17097453 (4th Cir. Nov. 22, 2022), the U.S. Court of Appeals for the Fourth Circuit considered this … Continue reading →
What constitutes a “scheme” or “deceptive act” for purposes of liability under the antifraud provisions of the federal securities laws? Part of the difficulty in answering that question has been that Rule 10b-5 contains three separate subsections, which prohibit in connection with … Continue reading →
NERA Economic Consulting and Cornerstone Research released their 2022 midyear reports on securities class action filings last month. As usual, the different methodologies employed by the two organizations have led to slightly different numbers, although they both identify the same … Continue reading →
Can allegations in a short seller report, even if the report’s issuance coincides with a stock price decline, form a basis for asserting loss causation? In its 2020 decision in In re BofI Securities Lit., the U.S. Court of Appeals … Continue reading →
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