Topic
Materiality
117 published works
White Collar Crime Prof Blog
Practice Notes: First Circuit Cases Yield White Collar Rulings on Materiality and Upward Variance/Departure
Two white collar decisions emerged last week from the First Circuit, both related to the Rwandan genocide.United States v. Kantengwa reinforces an old truth for white collar practitioners. If you don't…
Securities Law Prof Blog
Couture on Materiality
Wendy Gerwick Couture has posted Materiality and a Theory of Legal Circularity on SSRN with the following abstract:This Article argues that the materiality doctrine, which lies at the heart of securities…
Securities Law Prof Blog
Oesterle on Materiality and Bankruptcy Planning
Dale A. Oesterle has posted Bankruptcy Planning is Not Material? on SSRN with the following abstract:Several recent judicial decisions have held that bankruptcy planning discussions by boards of directors do not…
Securities Law Prof Blog
Booth on Materiality
Richard A. Booth has posted The Two Faces of Materiality on SSRN with the following abstract:To make out a claim for securities fraud under federal law, a plaintiff must plead and…
Timely disclosure
Re Lambert – A Bright Line Test for Materiality in Merger Discussions or Simply More Grist for the Mill?
Determining whether something is material can be a perplexing and challenging task for clients and lawyers, even at the best of times - all the more so when you consider…
Class Action Lawsuit Defense
Materiality Can Wait, Says the Supreme Court in Amgen
The following post is reprinted with permission from Paul Karlsgodt's blog, www.classactionblawg.com. Stay tuned over the coming days for more in-depth analysis of the Amgen decision and its potential implications for securities…
Civil Procedure & Federal Courts Blog
SCOTUS Decision in Amgen: Class Certification in Securities Fraud Cases
By Civil Procedure & Federal Courts Blog
Today the Supreme Court issued its decision in Amgen v.Connecticut Retirement Plans (No. 11-1085), covered earlier here.The basic issue is whether, in a securities fraud case, proof of “materiality”is required…
Class Defense Blog
Supreme Court Hears Oral Argument On Whether Materiality Must Be Proven At The Class Certification Stage In Securities Class Actions
By Joshua Yount
The Supreme Court recently heard oral argument in a case that may have a significant impact on how district courts resolve class certification fights in securities fraud cases. The issue…
Securities Law Prof Blog
Heminway on Materiality Guidance in Insider Trading
Just Do It! Specific Rulemaking on Materiality Guidance in Insider Trading, by Joan MacLeod Heminway, University of Tennessee College of Law, was recently posted on SSRN. Here is the abstract:Insider…
Class Action Lawsuit Defense
Is “Materiality” a Class Certification or Merits Issue?
Contributing Author: Taylor Jackson The Supreme Court agreed last month to hear an appeal from a Ninth Circuit case, Conn. Retirement Plans & Trust Funds v. Amgen, Inc., 660 F.3d…