Recent insights
New York District Court Holds Late 13D Filing Can Lead to Private Damages Under Section 10(b)
On Sept. 29, 2023, Southern District of New York Judge Andrew L. Carter issued a decision denying Elon Musk’s motion to dismiss a securities fraud …
DOJ Announces New Mergers and Acquisitions Safe Harbor Policy for Voluntary Self-Disclosures
On Oct. 4, 2023, in remarks delivered to the Society of Corporate Compliance and Ethics’ 22nd Annual Compliance & Ethics Institute, Deputy …
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. …
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Jason Betts
Partner, Head of Class Actions, Asia and Australia, Sydney
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Damian Grave
Partner, Melbourne
Natasha Johnson
Partner, London
Harry Edwards
Partner, Melbourne
Kim Dietzel
Partner, London and Brussels
Ruth Overington
Partner, Melbourne