Macquarie Infrastructure Corporation, et al., Petitioners v. Moab Partners, L.P., et al.

  1. April 15, 2024

    Justices Leave Lower Courts To Parse Corporate 'Half-Truths'

    A recent U.S. Supreme Court ruling that corporate silence isn't enough to form the basis of a securities fraud suit pointedly declined to wade into the question of what counts as a "half-truth," leaving it to lower courts to wrestle with which corporate statements are blurry enough to sustain a shareholder class action.

  2. April 12, 2024

    Justices Limit Shareholder Suits Over Corporate Disclosures

    A unanimous U.S. Supreme Court on Friday ruled that a corporation's failure to disclose certain information about its future business risks, absent any affirmative statement that would make such silence misleading, cannot itself be the basis of a private securities fraud claim.

  3. January 16, 2024

    High Court Signals Narrow Ruling Against Shareholder Suits

    The U.S. Supreme Court seems poised to curtail the ability of investors to sue corporate management for allegedly failing to warn them of future business hurdles, with many of the justices on Tuesday casting doubt on shareholders' arguments that omitting such information can, by itself, be the basis of a fraud lawsuit.

  4. January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  5. January 11, 2024

    Justices To Weigh In On Costs Of Corporate Silence

    The U.S. Supreme Court is scheduled to hear oral arguments next week in a shareholder dispute that has caught the attention of the U.S. Securities and Exchange Commission, which has raised concerns that a ruling against investors could let corporate executives off the hook for hiding damaging business information.

  6. January 01, 2024

    Private Securities Litigation To Watch In 2024

    Déjà vu at the U.S. Supreme Court, a circuit split on forum selection clauses, the future of class action challenges and the fallout from last year's "mini-banking" crisis are all on the minds of securities attorneys as they wait to see how some of 2024's most hot-button issues play out in the courts.

  7. December 21, 2023

    Feds Urge Justices To Affirm 2nd Circ. In SEC Disclosure Suit

    The federal government is backing the right of private parties to bring civil claims against companies for failing to disclose "trends or uncertainties" that could impact their bottom line, filing an amicus brief in the U.S. Supreme Court on behalf of aggrieved investors in Macquarie Infrastructure Corp.

  8. December 14, 2023

    Corp. Accountability At Stake In Macquarie Suit, Justices Told

    The lead investor in a U.S. Supreme Court battle with Macquarie Infrastructure Corp. told the high court Wednesday that a ruling in favor of the company threatens to undermine shareholders' attempts to hold corporations accountable for concealing almost anything from the market, including information about regulatory investigations and negative financial data.

  9. November 13, 2023

    Macquarie Warns Justices Of 'Crippling' Disclosure Litigation

    Macquarie Group affiliates told the U.S. Supreme Court on Monday that shareholders should not be allowed to sue companies that remain silent on subjective measurements of financial performance, arguing that lawsuits based on disclosure omissions could "open the floodgates to potentially crippling private securities fraud liability."

  10. September 29, 2023

    Justices To Review Circuit Split Over Corp. Disclosure Duty

    The U.S. Supreme Court on Friday agreed to address a circuit split over the types of disclosures companies are required to make under a U.S. Securities and Exchange Commission rule if they hope to avoid private litigation, taking up a challenge to a Second Circuit ruling allowing an investor lawsuit against Macquarie Group affiliates to proceed.