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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Securities Suit Settlement Agreement Unsettles Underwriter Indemnifier: Long Beach Securities Corp. v. NCUAB
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By Ben Suter

*A clause of a settlement agreement that protects a party against a third party who “successfully asserts” a claim requires more than voluntary settlement of that claim.

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Experts’ Differing Opinions Spawn Securities Fraud Class Action: Martin v. Quartermain
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By David C. Franceski, Jr.

*Opinions are misleading only if not truly held, objectively false or the product of material omissions.

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Unsuitability Ruled Unsuitable for a Rule 10b-5 Action: Robertson v. MetLife Securities
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By Jill I. Gross

A recommendation of an unsuitable security cannot be the basis for a federal securities fraud claim,

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Dismissal Denied, Despite Defective Declarations That Doom Derivative Claims: Wert v. Cohn
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By James L. Komie

Plaintiffs asserting derivative claims on behalf of a corporation do not satisfy FRCP 23.1 by submitting a verification that they are currently shareholders,

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An “Extreme Departure” Does Not Merit a Special Report, Rules Second Circuit: Stadnick v. Vivint Solar, Inc.
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By Paul J. Dubow

The Second Circuit declines to adopt the First Circuit’s test that requires issuers of registration statements to report results from interim financial statements if they are an “extreme departure”

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