Securities & Shareholder Litigation: 2011 Year-End Update and Recent Developments (Audio-only)

Taken from the briefing Securities & Shareholder Litigation: 2011 Year-End Update and Recent Developments, recorded December, 2011.

As 2011 comes to an end, you won’t want to miss this roundup from Jonathan K. Youngwood and Peter E. Kazanoff, both partners in the securities litigation practice at Simpson Thacher & Bartlett LLP. 

Lecture Topics  [Total Time: 01:03:24]

Questions to arise in the district courts out of the Supreme Court’s ruling in Janus Capital Group, Inc. v. First Derivative Traders

• The EnergySolutions and Optimal decisions:  Conflicting opinions on whether corporations have “ultimate authority” within the meaning of the Janus decision over statements made by their wholly owned subsidiaries
• The Merck and Hawaii Ironworkers rulings:  Differing decisions on whether the Janus Court’s “ultimate authority” requirement applies to claims against corporate insiders

• After the Supreme Court’s ruling in Morrison v. National Australia Bank, can foreign corporations ever be held liable under Section 10(b) for transactions involving securities traded on foreign exchanges?

Beyond materiality: How the Supreme Court’s decision in Matrixx Initiatives, Inc. v. Siracusano has impacted courts’ scienter analyses

• Frank v. Dana:  The Sixth Circuit relies on Matrixx to find that only a “holistic” review of scienter allegations is warranted

The Second Circuit’s adoption of the Moench presumption for fiduciaries of employee stock ownership plans (ESOPs)

• How high is the bar now for plaintiffs bringing ERISA actions involving ESOPs?

Presentation Material

• Securities & Shareholder Litigation: Year-End Update (handout)
• Securities & Shareholder Litigation: Year-End Update
  Peter E. Kazanoff, Jonathan K. Youngwood