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,
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.
*Opinions are misleading only if not truly held, objectively false or the product of material omissions.
By Jill I. Gross
A recommendation of an unsuitable security cannot be the basis for a federal securities fraud claim,
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,
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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