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Archive for the ‘Supreme Court’ Category

United States Supreme Court Applies a “Reasonable Standard” to Corporations’ “Beliefs”

Posted on: March 24th, 2015 by Nadine Gartner

The United States Supreme Court issued today its opinion in Omnicare, Inc. v. Laborers Dist. Council, a case previously discussed here. Read more…

Domestic Transaction Necessary But Not Sufficient to Invoke U.S. Securities Laws

Posted on: August 20th, 2014 by Nadine Gartner

The Court of Appeals for the Second Circuit has ruled that a domestic transaction is necessary to invoke U.S. securities laws but that, on its own, a domestic transaction is not sufficient. Read more…

ESOP Beneficiaries Are Entitled to More than “Coach Class” Fiduciary Duties

Posted on: June 25th, 2014 by Keith Dubanevich

Today, the U.S. Supreme Court ruled that Employee Stock Ownership Plan (“ESOP”) fiduciaries are not entitled to a special presumption of prudence.  Rather, they should be held to the same duty of prudence as other ERISA fiduciaries. Read more…

U.S. Supreme Court Upholds the Fraud-on-the-Market Doctrine

Posted on: June 23rd, 2014 by Keith Dubanevich

On June 23, 2014, the U.S. Supreme court issued its opinion in Halliburton Co. v. Erica P. John Fund, Inc. and upheld the fraud-on-the-market doctrine.  The doctrine sets forth that the market, including Wall Street analysts and other professional investors, reviews the material public information about the company and sets the price for a security based on that information. Read more…

“What’s Right With Securities Class Action Lawsuits”

Posted on: March 18th, 2014 by Nadine Gartner

Public Citizen, a national nonprofit organization that represents consumer interests, recently published a report extolling the benefits and advantages of securities class action lawsuits.  Read more…

U.S. Supreme Court to Review Stock Drop Case

Posted on: January 14th, 2014 by Nadine Gartner

The United States Supreme Court has granted certiori in Fifth Third Bancorp v. Dudenhoeffer, No. 12-751.  The question before the court is whether plaintiffs must allege that the fiduciaries of a stock plan abused their discretion by remaining invested in employer stock to overcome the presumption that the decision to invest in employer stock was reasonable. Read more…

Supreme Court Hears Case About Material Misstatements

Posted on: November 12th, 2012 by Nadine Gartner

In a previous post, we discussed that the Supreme Court had granted certiorari in Amgen Inc. v. Connecticut Retirement Plans.  The Court heard that case on Monday, November 5, 2012. Read more…

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The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.

About this blog

The purpose of this blog is to provide information to the general public and to practitioners about developments that may impact Oregon investors.

About the author

  • Nadine Gartner

  • Nadine Gartner
  • Nadine Gartner’s practice focuses on complex business litigation and class actions. Prior to becoming a lawyer, Nadine worked as an investment banking analyst.
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