Publications Aug 31, 2015 Southern District of New York: "Adverse Interest" Exception to the General Rule Attributing a Corporate Executive’s Scienter to the Corporation Does Not Apply If the Corporation Benefited From the Executive's Fraud Aug 27, 2015 SEC Issues Interpretation Regarding Definition of “Whistleblower” Under the Dodd-Frank Act’s Anti-Retaliation Provision Aug 25, 2015 SEC Issues Rule on Pay Ratio Disclosure Aug 25, 2015 Remijas v. Neiman Marcus: The Seventh Circuit Expands Standing in the Data Breach Context Aug 13, 2015 Corporate Litigation: Shareholder Derivative Actions and Demand Futility Aug 10, 2015 A.J. Kess and Yafit Cohn Co-Author Article in Law360 on Shareholder Proposal Rule Aug 10, 2015 New York Court of Appeals Limits Scope of Cyber Coverage to Hacking Incidents Aug 10, 2015 Consent-to-Settle Provision Not Void as Against Public Policy, Rules New York Court Aug 10, 2015 Pennsylvania Supreme Court Endorses Modified “Fair and Reasonable” Standard for Determining Insurer’s Duty to Indemnify Settlement Aug 10, 2015 Defendants Have Right to Jury in Private Suits Under Insurance Fraud Prevention Act, Says New Jersey Supreme Court Aug 10, 2015 Texas Supreme Court Rules That EPA Proceedings Constitute a “Suit” Under General Liability Policy Aug 10, 2015 Fourth Circuit Rules That Insurer Has No Duty to Defend Suit Alleging Vicarious Liability for Intentional Acts, Notwithstanding Separation of Insureds Provision Aug 10, 2015 California Court Rules that Policy-Limits Settlement Demand is Not Prerequisite to Bad Faith Failure-to-Settle Claim Aug 10, 2015 Alabama Supreme Court Compels Non-Signatories to Arbitrate Homeowner Insurance Claims Aug 10, 2015 Delaware Court Rejects Debtor’s Attempt to Limit Insurers’ Audit Rights Under Settlement Agreement Aug 10, 2015 New Jersey Appellate Court Reinstates Consumer Fraud Act Claim Based On Delayed Payment to Homeowner Aug 10, 2015 Statute of Limitations For Declaratory Judgment Action Begins To Run When Insurer Has Sufficient Basis for Denying Defense, Says Pennsylvania Court Jul 30, 2015 Second Circuit: (1) Courts May Rely on Confidential Witness Allegations Pled with "Sufficient Particularity;” (2) 10b5-1 Plan Stock Trades May Support an Inference of Scienter If Plan Participation Commenced After the Alleged Fraud Began Jul 30, 2015 Eighth Circuit: Key Inquiry for Determining Whether a Statement Was Forward-Looking for Purposes of the PSLRA’s Safe-Harbor Provision Is Whether the Statement’s Veracity Was Discernible at the Time the Statement Was Made Jul 30, 2015 Ninth Circuit: “Personal Benefit” Requirement for Tippee Liability Is Met Where an Insider Discloses Confidential Information to a Trading Relative or Friend, Even If There Was No Potential or Actual Financial Benefit ...141142143144145146147148149150...