Topic
Materiality
117 published works
Federal Securities Law Source
Supreme Court Grants Cert To Determine If Plaintiff Must Prove Materiality Before Certifying Class in Securities Fraud Class Action
On Monday, June 11, 2012, the Supreme Court granted a Writ of Certiorari in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 (U.S. Jun. 11, 2012) to…
The D&O Diary
Supreme Court Grants Cert in Amgen Securities Suit
On Monday, June 11, 2012, the United States Supreme Court granted the petition of Amgen for a writ of certiorari in a securities lawsuit pending against the company. As a…
Corporate & Securities Law Blog
Second Circuit Addresses Materiality at the Pleadings Stage in Two Recent Decisions
By John Stigi
In two recent decisions issued less than one week apart, Hutchison v. Deutsche Bank Securities Inc., 2011 WL 3084969 (2d Cir. July 26, 2011), and SEC v. Gabelli, 2011 WL…
Patents Post-Grant
Mixing the Duty of Candor with the Duty of Disclosure
USPTO's Rule 56 "But For-Plus" ProposalLast week, the USPTO published proposed changes to the materiality standard of 37 CFR §§ 1.56 and 1.555 in response to the Federal Circuit en banc…
Patents Post-Grant
USPTO Proposes Change to Rule 56 Materiality Standard
Therasense "But For" Standard Codified by USPTOAs mentioned yesterday, the USPTO has now issued a Notice of Proposed Rule Change in the Federal Register on Rule 56 and Rule 555. The…
Workforce Bulletin
U.S Supreme Court Weighs In on Materiality of Reports of Adverse Effects of Over the Counter Drug That Were Not Statistically Significant
On March 22, 2011 the U.S. Supreme Court handed down a decision which is likely to have serious repercussions for companies in the bio/pharma tech space. In MATRIXX INITIATIVES, INC.,…
The Appellate Strategist
U.S. Supreme Court Rejects Statistical Significance as Requirement to Plead Materiality
By Vance Wittie
Matrixx Initiatives, Inc. v. Siracusano (.pdf) was a securities fraud class action where claimants alleged that Matrixx failed to disclose reports of a potential link between its cold medicine, Zicam, and…
Corporate & Securities Law Blog
United States Supreme Court Reiterates Materiality Standard For Securities Fraud Claims Under Rule 10b-5
In Matrixx Initiatives, Inc. v. Siracusano, No. 09-1156, 2011 WL 977060 (U.S. Mar. 22, 2011), the United States Supreme Court (Sotomayor, J.) held unanimously that the materiality of an alleged…
Delaware Corporate & Commercial Litigation Blog
SCOTUS Rules on Materiality In Securities Case
The U.S. Supreme Court yesterday ruled in a securities case on the issue of materiality. Matrixx Initiatives, Inc. v. Siracusano (No. 09-1156) (Mar. 22, 2011). Read opinion here. It has…
The D&O Diary
Supreme Court Rejects “Statistical Significance” Requirement for Securities Suit Materiality
In a unanimous March 22, 2011 opinion by Justice Sonia Sotomayor, the U.S. Supreme Court rejected the argument of Matrixx Initiatives that adverse product reports must be "statistically significant" in…