Publications May 31, 2017 Ninth Circuit Reverses Class Action Dismissal Relating To “Program Business,” Finding Sufficient Allegations Of Soliciting And Transacting Insurance By AARP May 31, 2017 Reversing District Court, Third Circuit Holds That Asbestos Exclusion Unambiguously Bars Coverage May 31, 2017 New York Appellate Court Rules That Statute Does Not Eliminate Insurer’s Burden To Prove All Elements Of Fraud May 31, 2017 Eighth Circuit Rules That RICO Claims Against Insurance Entities Are Reverse Preempted By State Insurance Regulations May 31, 2017 Fourth Circuit Rules That Claims Against Insurer Are Time-Barred And Preempted By National Flood Insurance Program May 31, 2017 Eleventh Circuit Rules That Policyholder’s Failure To Allocate Settlement Between Covered And Non-Covered Claims Precludes Indemnification May 31, 2017 Iowa Supreme Court Rules That Breach Of Contract Is Not Prerequisite To First-Party Bad Faith Claim May 31, 2017 Simpson Thacher News Alerts May 25, 2017 New York City Comptroller’s Office Adopts Proxy Voting Policy Targeting Virtual-Only Meetings May 25, 2017 Department of Labor Confirms June 9, 2017 Applicability Date for ERISA Fiduciary Rule and Issues Transition Relief and Guidance May 23, 2017 Supreme Court Clamps Down on Venue Shopping in Patent Cases May 19, 2017 Citing Lack of Injury, Second Circuit Affirms Dismissal of Consumer Claims in Michaels Stores Data Breach May 18, 2017 Supreme Court: Hears Oral Arguments on Whether (1) American Pipe Tolling Applies to Section 13’s Three-Year Statute of Repose; and (2) SEC Actions Seeking Civil Disgorgement Are Subject to Section 2462’s Five-Year Statute of Limitations May 18, 2017 First Circuit: Alleging Defendants’ Knowledge of Undisclosed Facts Is Insufficient to Plead Scienter; Plaintiffs Must Also Allege Defendants Knew or Should Have Known the Omissions Would Mislead Investors May 18, 2017 Fourth and Sixth Circuits: ERISA Fiduciaries May Rely on the Market Price of a Publicly-Traded Stock as an Assessment of the Stock’s Riskiness May 18, 2017 Fifth Circuit: A Subsequent Disclosure Can Negate an Inference of Scienter If Plaintiffs Do Not Allege a “Particular Reason to Lie” That “Vanished” by the Time of the Disclosure May 18, 2017 Ninth Circuit: Omnicare’s Pleading Standards for Opinion-Based Section 11 Claims Apply to Claims Alleging Misstatements of Opinion Under Section 10(b) and Rule 10b-5 May 17, 2017 Notable Transactions: Q1 2017 May 17, 2017 SEC Publishes Risk Alert on Top Five Investment Adviser Compliance Issues Found During Inspections May 17, 2017 Growing Academic Debate Over Antitrust Concerns Involving Asset Managers and Mutual Funds Piques Policymaker Interest, But Includes Impractical Proposals ...111112113114115116117118119120...