Recent Posts

SEC’S Brief in Matrixx Initiatives: A Question of Materiality
Posted on 16 Nov 2010 by Thomas O. Gorman

The Commission filed its amicus curiae brief in Matrixx Initiatives, Inc. v. Siracusano , No. 09-1156 (S.Ct.), one of two securities cases the Supreme Court will hear this term. Matrixx centers on the proper test of materiality at the pleading stage... Read More

Pleading Materiality and Scienter after Siracusano
Posted on 18 Mar 2010 by Sally Berens

The Ninth Circuit's discussion of scienter in Siracusano raises questions regarding the effect of product liability claims on plaintiffs' ability to plead defendants' "knowledge" of the alleged facts underlying those lawsuits. Practitioners... Read More

U.S. Supreme Court Rules Securities Class Action Plaintiffs Need Not Prove Materiality for Class Certification
Posted on 4 Mar 2013 by Kevin M. LaCroix

In a much anticipated ruling in the Amgen securities class action litigation, the U.S. Supreme Court, in a 6-3 majority opinion written by Justice Ginsburg, held that a securities plaintiff is not required to prove that the allegedly misleading statements... Read More