Class Action Against Hertz Fails for Lack of Scienter: In Re Hertz Global Holdings Inc.
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By David C. Franceski, Jr.

Myriad multi-year accounting errors across numerous accounting categories which resulted in significant income restatements, even when accompanied by allegations of inaccurate SOX certifications,

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SCOTUS Also Hears Oral Argument in Lamps Plus. Another Tough Day at the Office for Counsel
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Varela v. Lamps Plus, Inc., No. 16-56085 (9th Cir. Aug. 3, 2017) (unpublished), involved a class action brought by Lamps Plus employees,

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Class Certification Granted on TD Ameritrade’s Order Routing Policies: Klein v. TD Ameritrade
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By Jeremy Root

In assessing best execution on a systemic basis, the individual trading strategies of the brokerage firm’s customers are not relevant and the damages caused by the alleged failure to provide best execution may be,

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SLUSA Does Not Dispatch Mutual Fund Misrepresentation Class Action, Third Circuit Says: Taksir v. The Vanguard Group
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By David C. Franceski, Jr.

*In order to be “in connection with” the purchase or sale of a covered security under SLUSA,

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Forex Flap Forms Failed Foundation for Twice-Tossed 10b-5 Suit, Sans Scienter: Retirement Board v. FXCM Inc.
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By Ben Suter

*Statements are not actionable as securities fraud where they either constitute puffery, are not materially misleading when viewed in context,

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The Eight Circuit Demands Meaningful Benchmarks in ERISA Fiduciary Duty Claim: Meiners v. Wells Fargo & Co.
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By Jeremy Root

ERISA Plan Participant must plead meaningful benchmarks to establish a claim for breach of fiduciary duty.

Meiners vs.

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