Publications Sep 30, 2019 Second Circuit: Creates a Circuit Split by Holding That Section 47(b) of the Investment Company Act Provides a Private Right of Action Sep 30, 2019 Third Circuit: SLUSA Does Not Preclude Opt-Out Actions That Were Never Actually Combined With a “Covered Class Action” Sep 30, 2019 Fifth Circuit: Defendants’ Alleged Awareness of Excess Inventory Levels Was Insufficient to Raise a Strong Inference of Scienter Concerning a Significant Markdown Risk Sep 30, 2019 Eleventh Circuit: (1) The Puffery Defense Applies in the Securities Fraud Context, and (2) Statements Conveying Future Plans Are Entitled to Safe Harbor Protection Even If They “Implicitly Communicate Information About the Present” Sep 30, 2019 Delaware Chancery Court: The Entire Fairness Standard of Review Applies to Compensation Awards to Controlling Stockholders That Were Not Conditioned on MFW’s Procedural Protections Sep 30, 2019 Delaware Chancery Court: (1) There Is No Violation of Caremark’s First Prong If a Board-Level Reporting System Exists, and (2) A Class Action Settlement Does Not, Standing Alone, Constitute a Red Flag Under Caremark’s Second Prong Sep 30, 2019 Delaware Chancery Court: In Appraisal Actions, the Acquirer Must Prove That a Deduction From the Deal Price for Merger-Related Synergies Is Warranted Sep 30, 2019 New York Supreme Court: Courts Are Split on Whether the PSLRA’s Discovery Stay During the Pendency of a Motion to Dismiss Applies to State Court Actions Sep 27, 2019 SEC Permits All Issuers to “Test the Waters” Sep 27, 2019 Regulatory and Enforcement Alert: Senate Bill Proposes to Extend Dodd-Frank Anti-Retaliation Protection to Employees Who File Whistleblower Complaints Internally Sep 27, 2019 California Supreme Court Says California’s Notice-Prejudice Rule May Override Policy’s Choice-Of-Law Provision Sep 27, 2019 Delaware Court Rules That Appraisal Action Is Covered “Securities Claim” And That Policy Covers Pre-Judgment Interest For Non-Covered Losses Sep 27, 2019 Indiana Appellate Court Rules That Hacking Losses Are Not Covered By Policy, But That Insurer’s Assurances In Promotional Materials Create Issues Of Fact As To Coverage Sep 27, 2019 Deteriorating Concrete Is Not “Collapse” Under Property Policy, Says Connecticut District Court Sep 27, 2019 Loss Of Wine Bottles In Ponzi Scheme Not Covered By Valuable Items Policy, Says Tenth Circuit Sep 27, 2019 Insurer Is Entitled To Compel Appraisal Because It Did Not “Wholly Deny” Coverage, Says Florida Appellate Court Sep 27, 2019 STB News Alerts Sep 23, 2019 Ninth Circuit Supports Company’s Right to Scrape Public Data From Third-Party Website Sep 19, 2019 Treasury Publishes Long-Awaited Proposed Regulations to Implement CFIUS Reform Legislation (FIRRMA) Sep 19, 2019 美国财政部发布一直备受关注的美国外国投资委员会（CFIUS）改革法(FIRRMA)实施条例草案 12