NERA recently released its full-year review of 2023 trends in securities class action litigation. Among its findings, new filings related to the environment quadrupled in 2023. There have been 20 environment-related class actions filed in the last 5 years, of which 8 were filed in 2023. Last year's environment-related securities class action filings include the class action against Hawaiian Electric related to the Maui wildfires, two involving the train derailments with environmental consequences against Norfolk Southern Corporation, and three class actions against big telecom companies for their ownership of thousands of miles of lead-covered cables.
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Great write-up (thanks to Andrea Lieberman) about the Supreme Court's recent decision in Macquarie and useful insights into both building an effective D&O insurance program and appropriately handling claims. #lockton #LFS #directorsandofficers #insurance #riskmanagement
The Supreme Court’s recent ruling in Moab v. Macquarie clarifies that investors can only bring private rights of action for an omission under SEC Rule 10b-5 if the omission renders prior statements misleading. That’s a win for public companies, but they still must be ready for securities litigation.
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Jacko Law Group Corporate and Securities Litigation Tip of the Week by Dharmi C. Mehta, Esq. Defense Against Non-Disclosure to Investors If you have been sued for failing to disclose company-related information to investors, it is paramount to mount a strong defense strategy. Litigation for non-disclosure is challenging, however, there are several key strategies at your disposal. - Materiality: Prove that the non-disclosed information was not material to the investors' portfolio. - Transparency: Demonstrate a pattern of transparency with investors, such as regular company updates, quarterly reports, and more, to disprove claims of withholding information. - Timing: Demonstrate that timing was needed to verify information before disclosing it to investors. - Context: Show that internal protocols were taken to ensure the impact of the information was examined, which delayed premature disclosure to investors. Work with a strategic and experienced securities litigation team who can craft the best defense for your case. For more information, call 619.298.2880 or email info@jackolg.com. #LitigationTip #non-disclosure #jackolg
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Jacko Law Group Corporate and Securities Litigation Tip of the Week by Dharmi C. Mehta, Esq. Defense Against Non-Disclosure to Investors If you have been sued for failing to disclose company-related information to investors, it is paramount to mount a strong defense strategy. Litigation for non-disclosure is challenging, however, there are several key strategies at your disposal. - Materiality: Prove that the non-disclosed information was not material to the investors' portfolio. - Transparency: Demonstrate a pattern of transparency with investors, such as regular company updates, quarterly reports, and more, to disprove claims of withholding information. - Timing: Demonstrate that timing was needed to verify information before disclosing it to investors. - Context: Show that internal protocols were taken to ensure the impact of the information was examined, which delayed premature disclosure to investors. Work with a strategic and experienced securities litigation team who can craft the best defense for your case. For more information, call 619.298.2880 or email info@jackolg.com. #LitigationTip #non-disclosure #jackolg
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Should your public company be concerned following the Supreme Court’s recent ruling on the Macquarie v. Moab case? The good news is the ruling clarified that a failure to disclose SEC Regulation S-K information does not automatically trigger investor action under Section 10(b). While this decision narrows liability, securities litigation continues to persist. Find out how your public company can best prepare for the changing risk landscape by reading our insight piece below.
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As financiers increasingly view mass tort disputes through the prism of an asset sale, they inevitably reshape the legal landscape, trigger ethical dilemmas for attorneys, and risk flooding the system with non-meritorious claims. Professor Samir Parikh and journalist Emily Siegel peel back the curtain on the risks - from national security to bankrupting corporations - of prioritizing profit over justice in the context of mass tort litigation. Listen here: https://lnkd.in/eNnvp876
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AFR: Gramercy Expects $135M Profit Per Year from Pogust Goodhead Funding Deal An article in the The Australian Financial Review provides new insight into the financial success of Gramercy Funds Management LLC following its landmark $550 million funding deal with Pogust Goodhead, stating that the hedge fund expects to see around $135 million in profit a year from the deal. AFR’s reporting highlights that the loan has allowed the UK-based law firm to expand its global footprint to include operations in Australia, with the firm announcing its intention to pursue litigation against Australian corporations for violations of environmental law. https://lnkd.in/efmvqNt3 #litigationfinance #litigationfunding #legalfunding #legalfinance #lawfirmfunding #ESGlitigation
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In the latest episode in our securities litigation video series, our Founder and Managing Partner Natasha Harrison discusses litigation funding and in particular what it is, how it is affecting the types of legal claims we are seeing in the English market, and what the future is likely to hold for funded claims. Access our full securities litigation video series: https://lnkd.in/eNxf73Mv #PallasPartners #SecuritiesLitigation #Litigation
Securities Litigation Themes and Trends - Litigation Funding
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Please check out our Securities Litigation Advisory on the Macquarie decision: High Court Declines to Expand Corporate Liability. A quick read to get up to speed on an important decision for #securitieslitigation!
In Macquarie v. Moab Partners, #SCOTUS gives clear and focused guidance on omissions in Item 303 disclosures. Our #securities litigation team explains why pure omission cases are no longer allowed under the Exchange Act. https://bit.ly/3WmIf1V
Securities Litigation Advisory | Macquarie: High Court Declines to Expand Corporate Liability | News & Insights | Alston & Bird
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Time is almost up: Seize your opportunity to revolutionize your recovery litigation tactics at our upcoming webinar with LexisNexis Risk Solutions on March 7th. Facing a rising consumer debt crisis and the surge of new technologies, creditors must pinpoint the most profitable accounts to pursue with legal action to guarantee efficient collections this year. Sign up now to learn how to harness strategic partnerships and innovative data solutions to achieve more reliable returns. Our speakers Denise Cross and Andrea Bell from LexisNexis® Risk Solutions and Jonathan Wall from Unifund will provide you with the actionable advice needed to navigate the complexities of today's legal recovery challenges. Spaces are limited—register now before it’s too late. (Link in the comments)
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Litigation is a highly structured process used for resolving disputes that involves the intervention of the state or a privately agreed-upon decision-maker to officially settle a disagreement between two or more parties. The main theoretical concepts involved in understanding litigation include rights, procedures, incentives, and uncertainty. Rights refer to who is allowed to participate in litigation and under what conditions; procedures involve the methods used during the litigation process (with a significant difference between adversarial and investigatory procedures); incentives relate to the potential outcomes of litigation and how the costs of using litigation are calculated and shared; uncertainty reflects the strategic aspect of litigation. If you want to know more about the litigation process contact me. #litigation#investment#bonds#fixed#income#alternatives#haysmewscapital
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