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Securities – Fraud
Where a motion has been filed to dismiss a securities fraud complaint, the motion should be allowed because the facts alleged in the complaint do not plausibly show that the defendants made materially false or misleading statements or omissions, nor do they establish a strong inference of scienter.
Securities – Judicial notice – Incorporation by reference
Where the defendants in a securities fraud suit have requested incorporation by reference and judicial notice, that motion should be allowed in part and denied in part.
Securities – MUSA – Chapter 93A
Where a plaintiff has claimed to have been duped into making a bad investment, the plaintiff has failed to prove that it is entitled to relief under the Massachusetts Uniform Securities Act or under the Massachusetts Consumer Protection Act, as the plaintiff failed to show that any of the defendants (1) offered or sold any security by making a false statement or by withholding material information[...]
Securities – Fees – EAJA
Where two defendants in an enforcement action brought by the Securities and Exchange Commission have moved for counsel fees and costs pursuant to the Equal Access to Justice Act, that motion should be denied because the SEC's overall position against the defendants was substantially justified.
Securities – Convertible loan agreements – ‘Dealer’ status
Where the U.S. Securities and Exchange Commission has alleged that individuals and entities who buy and sell shares of securities pursuant to convertible loan agreements are securities “dealers” and must be registered as such, a motion to dismiss should be denied, as the SEC’s allegations are sufficient to state a claim that the defendants were “dealers” subject to the Exchange Act’s r[...]
Securities – Advisers Act
Where the Securities and Exchange Commission brought suit alleging violations of Sections 206(1) and 206(2) of the Investment Advisers Act, a grant of summary judgment in favor of the SEC and an order requiring disgorgement in an amount exceeding $22 million should be affirmed based on evidence that statements in the appellants’ marketing materials were material misrepresentations made with a cu[...]
Securities – NFTs – Investment contracts
Where a complaint has been filed by a plaintiff seeking to represent a class who purchased or otherwise acquired non-fungible tokens, a motion to dismiss the complaint on the basis that no sale or offer of securities has been alleged should be denied, as the plaintiff has plausibly pleaded that the NFTs were investment contracts and thus securities within the meaning of the Securities Act and Exch[...]
Securities – Fraud – Scienter
Where a putative class action has been brought alleging securities fraud, the complaint must be dismissed because the plaintiff has not sufficiently alleged that the defendants’ statements were materially false and misleading.
Securities – Fraud – Contractual non-reliance clauses
Where defendants have moved for an interlocutory appeal of a court order denying their motion to dismiss a claim brought against them under Section 10(b) of the Securities and Exchange Act of 1934, that motion should be allowed because it is not clear whether contractual non-reliance clauses barred the plaintiffs from plausibly alleging reliance on the defendants' alleged extracontractual misrepre[...]
Securities – Fraud – Standing
Where defendants have moved to dismiss federal claims brought under Section 10(b) and Section 20(a) of the Securities and Exchange Act of 1934, that motion should be denied despite the defendants’ challenge to the plaintiffs’ standing.
Securities – Fraud – Scienter
Where a securities fraud complaint over clinical trials was dismissed, that decision should be upheld because the plaintiffs failed to allege sufficient facts to support a finding of scienter under the Private Securities Litigation Reform Act.
Securities – Disgorgement
Where a jury found defendants to have committed various securities violations, the SEC’s motion for disgorgement should be allowed but the SEC’s motion for prejudgment interest should be denied.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
