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Securities Class Action Litigation in the U.S.: What Asian issuers need to know ( August 2004 )
"Why do public companies in the U.S. get sued by shareholders so often?" is a question often raised by management and directors of Asian companies which have listed in the U.S. or are considering such a listing. The answer is simple: a unique practice in the U.S. known as class action litigation. Class action litigation allows shareholders to cost-effectively aggregate their claims and recoup a portion of their losses resulting from a violation of the U.S. securities laws by the issuer. -
Securities Enforcement and Litigation ( December 2003 )
Scott O'Connell, the leader of the Financial Services and Securities Litigation team at Nixon Peabody LLP, approached the topic of securities enforcement and litigation by using a hypothetical scenario involving "Inkblot Industries&rdquot;, a fictitious Delaware corporation doing business in California as a manufacturer of computer peripherals. Inkblot management had uncovered material revenue recognition issues; the company had reported revenue derived from certain oral side agreements. -
The California Supreme Court Recognizes Holdings Claims for Securities Actions ( December 2003 )
Disclosures during the past three years have revealed extensive fraud involving numerous corporations-fraud so massive that it contributed to an overall decline in the stock market and perhaps to a decline in the economy generally. It is clear that the majority opinion, influenced by recent corporate scandals has opened the doors in California's state courts to holder actions. -
Oxford Decision Addresses Class Certification And Lead Plaintiff Issues ( July 2000 )
This article discusses a recent U.S. District Court decision that reached some noteworthy decisions regarding class certifications in securities fraud actions. -
Denial That Company For Sale Not An Actionable Misstatement ( November 1999 )
The United States Court of Appeals for the Fourth Circuit has affirmed the dismissal of a securities fraud class action by selling shareholders, holding that a statement that "[w]e're not a company that's for sale," made by its CEO shortly before the company announced that it had reached a merger agreement, was not actionable. -
Congress Acts to end State-Court Securities Class Actions ( September 1999 )
Good news: Congress has dealt a serious setback to securities class actions. On October 13, 1998, the House and Se. -
This article presents a discussion of the Uniform Securities Act and its effect on securities class action suits.
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The Reform Act in Review--Twenty Months and Counting ( September 1997 )
This article details how The Reform Act changed the federal securities laws in several significant ways in an attempt to discourage frivolous securities class action lawsuits. -
Ninth Circuit Rejects Presumption of Reliance in Mixed Misrepresentations, Omissions Cases ( June 1999 )
The Ninth Circuit Court of Appeals recently held that plaintiffs are not entitled to a presumption of reliance when. -
The SEC recently adopted rules requiring the use of "plain english" in certain sections of prospectuses .
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