Securities and Shareholder Litigation

SEC Proposes Amendments Rolling Back 2020 Rules Governing Proxy Voting Advice

Corporate Update

SEC Staff Limits Companies' Ability to Exclude Shareholder Proposals from Company Proxy Statements and Reverses Prior Guidance

Corporate Update

Board Communications Cheat Sheet - What Every Director Should Know

Ninth Circuit Cuts Investors in Direct Listings Some ‘Slack’ in Pursuing Securities Act Claims

Securities Update

SEC's Third Earnings Per Share Action in Less Than a Year Highlights the Commission's Continued Focus on Earnings Management Practices and Litigation Contingencies Disclosures

Securities Update

SEC Charges Parties to SPAC Combination for Misleading Disclosures and Due Diligence Failures

Corporate Update

The Supreme Court Requires Rigorous Examination of Class Action Certification for Stock-Drop Suits Alleging Falsity of Generic Company Statements

Securities Litigation Update

Environmental Evolutions: Follow the ESG Road: The Next Step (and the Next) on the SEC ESG Path

SEC Removes PCAOB Chair and Announces Plans for Board Overhaul

Securities Update

SPAC Litigation and Enforcement Update: Spring 2021

Client Update

Government Investigations and Securities Litigation – You Better Watch Out! 

Panel, IEL’s 72nd Annual Oil and Gas Law Conference

Acting SEC Chair Issues Statement on Commission's Approach Toward Climate-Related Disclosure

Corporate Update

Meme Stock Mania: SEC Provides Guidance to Companies Experiencing Volatile Trading

Securities Update

The Transnational Reach of U.S. Securities Laws - The Extraterritorial Application of 18 U.S.C. § 1348

Georgetown Journal of International Law

Time for Plan(et) B? Why Securities Litigation is a Misguided Attempt at Regulating Climate Change

33 Geo. Envtl. L. Rev.

Considerations for a Biden Administration – SEC Enforcement and Securities Litigation

Considerations for a Biden Administration - White Collar & Corporate Investigations

Considerations for a Biden Administration

Full Fifth Circuit to Decide Whether Constitutional Challenges to SEC Enforcement Actions Can Be Brought in Federal District Court

Securities Litigation Update

SPACs to the Future: What Types of Litigation May Arise for SPACs and SPAC Targets?

Litigation Update

Defending an SEC Investigation

Co-host, Lawline, CLE

Supreme Court Cautiously Upholds SEC’s Ability to Obtain Disgorgement in Federal District Court Proceedings

Securities Update

SBA's New EZ Loan Forgiveness Application Makes PPP Loan Forgiveness Easier for Some Borrowers; More Businesses Become Eligible for the PPP; and Owner-Borrowers get Clarification on a Path to Full Forgiveness

Corporate Update

The Southern District of New York Holds that Syndicated Loan Is Not a Security

Corporate Update

SBA Extends Paycheck Protection Program "Safe Harbor," While DOJ and Treasury Ramp Up Enforcement

Litigation Update

Staying Ahead of the Curve: Securities Law Considerations for Q1 2020 Earnings Season

Securities Update

Glass Lewis Clarifies Guidance on Poison Pills

Corporate Update

Four Securities Enforcement and White Collar Issues to Watch in a Post-Pandemic Environment

ISS Issues New Guidance on Poison Pills

Corporate Update

"Poison Pill" Defenses in Current Corporate Environment

Corporate Update

Delaware Supreme Court Decides Facial Validity of Federal Forum Provisions

Baker Botts Securities Litigation Update

Communicating with Investors - What Public Companies Impacted by Volatile Commodity Pricing or COVID-19 Related Demand Uncertainty Need to Know

Securities Litigation Update

Trump’s Proposed Budget Threatens Audit Watchdog’s Enforcement Functions

Baker Botts Regulatory Update

Changes to PCAOB Quality Control Standards Could Lead to More Exposure for Audit Firms

Regulatory Update

Issues for U.S. Directors on Foreign Boards

Baker Botts Litigation Update

Texas Supreme Court Clarifies Requirements for Arbitration Agreements: Arbitrability of Class Claims is an Issue for Courts to Decide Unless the Arbitration Agreement Clearly Provides Otherwise

Baker Botts Client Update

Enforcement Landscape

Panelist, Compliance Vision 2021 Symposium, Regulatory Compliance Association

Disgorgement on the Chopping Block Again: Supreme Court to Decide Whether the Federal Securities Laws Authorize the SEC to Seek Court Ordered Disgorgement

Baker Botts Securities Update

SEC's Mylan Settlement Shines a Light on Disclosure of Litigation Contingencies

Securities Litigation Update

Delaware Supreme Court Rejects “Rote” Reliance on Market Price in Reversing “Troubling” Post-Merger Appraisal Ruling

Baker Botts Client Update

U.S. Supreme Court Holds that “Disseminating” But Not “Making” False Statements Can Still Constitute Securities Fraud

Second Circuit Affirms Insider Trading Conviction

Baker Botts Client Update

Supreme Court to Review Standard for Challenging Tender Offers Under the Securities Exchange Act

Securities Litigation Update

Partial Federal Government Shutdown Affects SEC Operations: What You Need to Know

Baker Botts Client Update

Return of the MAC? Akorn v. Fresenius

ACC Houston, M&A Practice Group CLE

Supreme Court Finds SEC ALJs are Inferior Officers Subject to the Requirements of the Appointments Clause

Securities Litigation Client Update

Oracle Shareholders Demonstrate Demand Futility in Lawsuit Challenging Oracle's $9.3 Billion Acquisition of NetSuite

Securities Litigation Update

U.S. Supreme Court Unanimously Affirms Plaintiffs' Ability to Bring Certain Federal Securities Class Actions in State Court

Securities Litigation Update

Supreme Court Narrows Dodd-Frank Whistleblowers: Holds Only Those Who Go to SEC Are Protected

Securities Litigation Update

Supreme Court to Decide Whether Sec ALJs Are Inferior Officers Subject to the Requirements of the Appointments Clause

Securities Litigation Update

FINRA’s 2018 Priorities Letter: Increased Exam Transparency, More Tools for Firms, and a Focus of Retail Investment Fraud

Securities Litigation Update

Delaware Supreme Court Reaffirms High Standard for Pleading Demand Futility in a Director Oversight Case

Securities Litigation Update

Delaware Chancery Court Reaffirms High Standards for Pleading Demand Futility

Securities Litigation Update

The 2017 SEC Enforcement Shift: Transition Lull or the New Normal?

Bloomberg Law's Securities Regulation & Law Report

FINRA CEO's Moves Show Commitment to a Vigorous Enforcement Program

Securities Litigation Update

Second Circuit Rejects First Circuit's "Extreme Departure" Test for Materiality of Omissions

Securities Litigation Update

U.S. Supreme Court: American Pipe Tolling Does Not Apply to Opt-Out Suits Alleging Misstatements or Omissions in Securities Registrations Under the Securities Act of 1933

Securities Litigation Update

Supreme Court Curtails SEC Disgorgement Claims: Holds That Five-Year Statute of Limitations Applies

Securities Litigation Update

Questions Abound Concerning The SEC's Administrative Process

Law360

Ninth Circuit: American Pipe Tolling of Statute of Limitations During Class Action Certification Applies to Both Subsequent Individual Claims and Class Claims

Securities Litigation Update

Ninth Circuit Raises Bar for Challenging "Opinion Statements" in Private Securities Litigation

Securities Litigation Update

U.S. District Court Dismisses Shareholder’s Claim that SEC Rule 16b-3(e) Does Not Exempt Share Withholding for Purposes of Section 16(b) Liability

Client Update

The Delaware Supreme Court Changes Course in Evaluating MLP Investor Bad Faith Claims by Adopting Somewhat Lower and More Traditional Pleading Standard in Brinckerhoff v. Enbridge Energy Company, Inc.

MLP Update

Supreme Court to Review: Does Item 303 Requirement to Disclose "Known Trends or Uncertainties" Create Basis for Private Securities Suits?

Securities Litigation Update

Corporate Compliance and CFIUS

Baker Botts Partner Seth Taube discusses compliance issues and CFIUS.

The Yates Memo and its Impact on Internal Investigations, Self-Reporting Decisions and the Attorney Client Privilege

11th Annual National Institute on Securities Fraud

The Delaware Supreme Court Limits Expansion of Dual Direct/Derivative Claims in El Paso Pipeline GP Company, L.L.C. v. Brinckerhoff (No. 103, 2016 (Del. Dec. 20, 2016))

Securities Litigation Update