Recently by Michael R. Smith
Finance
Dodd-Frank’s Unintended Consequences: Lawsuits Seeking To Enjoin Say-On-Pay And Equity Plan Shareholder Votes
Section 951 of the Dodd-Frank Act requires public companies to hold an advisory shareholder vote on executive compensation at least once every three years, and most public companies are now holding annual votes. In imposing this periodic requirement, Congress made clear that shareholder say-on-...
Read MoreSecurities & Exchange Commission (SEC)
U.S. Supreme Court Issues Opinion In Halliburton Case
On June 6, 2011, the United States Supreme Court issued its much-anticipated opinion in Erica P. John Fund, Inc. v. Halliburton Co. , resolving a conflict among the circuits on whether plaintiffs alleging securities fraud must prove "loss causation"- i.e. , that the investment losses...
Read MoreSecurities & Exchange Commission (SEC)
U.S. Supreme Court Decision May Limit Scope Of Persons Who Can Be Primarily Liable For Securities Fraud Under Rule 10b-5
The Supreme Court's June 13, 2011 decision in Janus Capital Group, Inc. v. First Derivative Traders may provide defendants with additional ammunition in securities class action lawsuits by limiting the scope of persons who can be primarily liable for securities fraud under SEC Rule 10b-5. 17...
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