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The 10b-5 Daily

News and events related to securities class action litigation. Containing all facts, with particularity, and an occasional dose of commentary.

Last Build Date: Sat, 01 Oct 2016 12:42:58 +0000


Don’t Buy a “Model V”bezahlt1

Sat, 01 Oct 2016 12:40:11 +0000

In a typical securities fraud case, where the plaintiff alleges that a misrepresentation artificially inflated the company’s stock price, the defendant may be able to rebut reliance by providing evidence that there was no stock price increase as a result … Continue reading (image)

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The Gold Standardbezahlt1

Mon, 12 Sep 2016 17:55:31 +0000

In securities class actions, plaintiffs sometimes struggle to establish loss causation where the market does not react consistently to the “revelations of the truth.” An interesting recent example can be found in a decision from the District of Nevada involving … Continue reading (image)

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A More Sober Approachbezahlt1

Fri, 19 Aug 2016 14:33:16 +0000

The author of The 10b-5 Daily has a guest post on Forbes concerning the use of confidential witnesses in securities class actions.  Please give it a read.(image)

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Scienter Sambabezahlt1

Thu, 07 Jul 2016 01:22:11 +0000

The Sixth Circuit continues to be a source of interesting opinions regarding corporate scienter.  In 2014, the court held in its Omnicare decision that only a limited set of corporate officers (including officers who had either made or approved the alleged misstatements) … Continue reading (image)

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Shaky Groundbezahlt1

Wed, 25 May 2016 22:46:06 +0000

In Halliburton II, the U.S. Supreme Court held that defendants can rebut the fraud-on-the-market presumption of reliance at the class certification stage with evidence of a lack of stock price impact.  In a typical case, where the plaintiff alleges that a … Continue reading (image)

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Tell Me Something Newbezahlt1

Tue, 26 Apr 2016 00:31:22 +0000

Plaintiffs often establish the existence of loss causation by pointing to a “corrective disclosure” that allegedly revealed the fraud and led to a stock price decline. What a disclosure must contain to be deemed “corrective,” however, has been the subject … Continue reading (image)

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Don’t Toutbezahlt1

Wed, 16 Mar 2016 19:22:48 +0000

A number of years ago, the U. S. Court of Appeals for the Fourth Circuit addressed whether a company’s false statement about its CEO’s educational background was material.  The court found that the statement was immaterial as a matter of law, … Continue reading (image)

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Escaping Liabilitybezahlt1

Fri, 12 Feb 2016 22:08:19 +0000

An announcement that a company is the target of a government investigation is likely to lead to a stock price decline. The mere fact of an investigation, however, does not tell the market anything about the existence of prior corporate … Continue reading (image)

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Not Enough Studyingbezahlt1

Tue, 26 Jan 2016 01:53:24 +0000

Yelp is an online networking platform that hosts user-generated reviews of local businesses.  In a recent securities class action (Curry v. Yelp, Inc., 2015 WL 7454137 (N.D. Cal. Nov. 24, 2015)), the court considered claims that Yelp made misstatements about … Continue reading (image)

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Omnicare’s Scopebezahlt1

Sat, 05 Dec 2015 04:09:52 +0000

In its Omnicare decision issued earlier this year, the U.S. Supreme Court held that opinions presented in registration statements can be subject to liability under Section 11 of the Securities Act of 1933 if either (a) the opinion was not genuinely held, or (b) the … Continue reading (image)

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