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18-459
Supreme Court
3850 Securities, Commodities, Exchange
Morgan L. Ratner has emerged as a leader of the U.S. Supreme Court bar's next generation, and she attributes her ascent to brilliant mentors, a laid-back argument style, an aversion to overconfidence and a firm commitment to clear principles in every case — even if that means reluctantly telling the chief justice, as she once did, that a hypothetical cat stuck in a tree shouldn't be saved.
From a Supreme Court ruling broadening the scope of liability in spreading false information, to a circuit court ruling on corporate codes of conduct, the federal courts reshaped securities litigation and regulation in 2019. Here, Law360 highlights some of the biggest decisions and developments affecting securities law this past year.
So far this year, the U.S. Supreme Court has broadened the scope of liability for the spread of false information about investments and put off deciding whether private plaintiffs are able to bring lawsuits alleging false statements and related to tender offers. Here, Law360 examines those rulings and other developments from the first half of 2019.
The U.S. Supreme Court's unusual decision Tuesday to drop an appeal after hearing oral arguments caught many court watchers off guard, yet a procedural issue unique to Emulex Corp.'s dispute involving the standard for bringing certain tender offer claims is the likely culprit.
The U.S. Supreme Court on Tuesday punted a decision about the appropriate standard for alleging false statements and omissions related to tender offers and whether private plaintiffs can bring such lawsuits at all.
U.S. Supreme Court justices debated whether private plaintiffs have a right to bring lawsuits alleging false statements and omissions related to tender offers during oral arguments Monday, signaling they might not even reach the substantive aspects of Emulex Corp.'s appeal.
When the U.S. Supreme Court hears oral arguments Monday in a case involving Emulex Corp. on the standard for alleging false statements and omissions related to tender offers, attorneys will be listening carefully for any commentary from the justices on whether private plaintiffs can even bring such suits in the first place.
The first week of the U.S. Supreme Court's final oral argument session this term will feature a busy lineup of civil cases involving everything from trademarks for dirty words to wage-and-hour protections for offshore drilling employees. Here's what to expect.
Emulex Corp. investors urged the U.S. Supreme Court to affirm a Ninth Circuit ruling that they need only prove negligence, not intent, in their putative class action over a low tender offer in a merger, a move that would establish a lower pleading standard for investors bringing securities suits.
Three former commissioners at the U.S. Securities and Exchange Commission on Monday joined a dispute about the appropriate standard for allegations of misstatements and omissions related to tender offers, telling the U.S. Supreme Court that private plaintiffs should be barred from bringing these claims at all.