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Securities Law Alert

 
 
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Simpson Thacher’s Securities Law Alert is a monthly publication covering noteworthy decisions in the area of securities and shareholder litigation. 

In This Issue:

Supreme Court: Upholds Liability Under Rules 10b-5(a) and (c) for an Individual Who Disseminated but Was Not the “Maker” of a Fraudulent Statement

Southern District of New York: Plaintiffs’ Pleadings May Rely on Allegations in an Unadjudicated Complaint

Southern District of New York: Digital Coins Sold in an Initial Coin Offering to Finance a Blockchain Are Securities Under the Howey Test

Delaware Supreme Court: Business Judgment Rule Did Not Apply to a Controlling Stockholder Transaction Where the Parties Allegedly “Set the Field of Play for the Economic Negotiations” Before the Transaction Was Conditioned on MFW’s Procedural Protections

Delaware Supreme Court: Holds the Chancery Court Erred in Appraising Shares Using the Unaffected Market Price, Rather Than the Merger Price Less Synergies, in an Arm’s Length Transaction Following a Fair Sales Process

To view this month’s articles as a PDF, please click here.

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