Recent insights
Supreme Court Grants Certiorari to Resolve Circuit Split on Whether SEC Disclosure Rule Triggers Section 10(b) Liability
On Sept. 29, 2023, the U.S. Supreme Court granted certiorari in Macquarie Infrastructure Corp. v. Moab Partners, L.P.[1] to review a decision by the …
Class actions in the EU – Are you ready?
Corporate Governance: 2023 Midyear Review
The public and private focus on corporate governance continued apace in the first half of 2023. In recent months, there were notable developments in …
Supreme Court Grants Certiorari to Determine Constitutionality of SEC Administrative Law Process
On June 30, 2023, the Supreme Court granted certiorari in Securities and Exchange Commission v. Jarkesy[1] to review a decision by the Fifth Circuit …
Herbert Smith Freehills contributes chapter to The Securities Litigation Review (9th Edition)
En Banc Panel of the Ninth Circuit Affirms Dismissal of Derivative Suit Based on Forum-Selection Clause
In a recent 6-5 ruling, an en banc panel of the Ninth Circuit affirmed the dismissal of a derivative suit asserting Exchange Act violations against The …
Supreme Court Unanimously Narrows Scope of Liability Under Section 11(a) of Securities Act of 1933
In Slack Technologies, LLC v. Pirani,1 the Supreme Court on June 1, 2023, unanimously held that even in a case involving direct listing of both …
High Court rejects climate activist attempt to launch claim for Shell against its directors
SEC Amends Share Repurchase Disclosure Rules
On May 3, 2023, the Securities and Exchange Commission (SEC) adopted amendments to increase disclosures for issuer repurchases of shares or other equity …
SCOTUS Unanimously Holds That Respondents in FTC and SEC Administrative Law Proceedings May Challenge the Constitutionality of Such Proceedings in Federal District Court Without First Submitting to a Final Agency Order
On April 14, 2023, the Supreme Court issued a unanimous decision in two related cases, Axon Enterprise, Inc. v. FTC (No. 21-86) and SEC v. …
Wells Fargo Fined $97.8 Million for Failing to Identify Sanctions Violations From a Legacy Wachovia Business
On March 30, federal regulators announced that Wells Fargo Bank had entered into settlements in which it agreed to pay $97.8 million in fines for …
Delaware Chancery Court Finds CEO Violated Revlon Duties by Tilting Sale Process to Preferred Bidder and That the Bidder Aided and Abetted Disclosure Breaches
In a recent post-trial decision, Delaware Chancellor Kathaleen St. J. McCormick found a CEO personally liable for breaching his fiduciary duties for …
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