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Securities Law Alert, September 2010

09.22.10
This is the inaugural Simpson Thacher Securities Law Alert.  Each month, the Alert will cover several of the most notable developments in private securities and corporate control litigation.  The Alert is not a comprehensive survey of securities law rulings.  Rather, we hope the Alert will be a convenient reference to help our clients and friends remain informed about significant decisions and statutory changes in the securities law arena.  This first edition addresses:  the aftermath of the Supreme Court’s decision in Morrison v. National Bank; the Second Circuit’s September ruling confirming that the bespeaks-caution doctrine applies only to forward-looking statements; the Seventh Circuit’s decision establishing that plaintiffs do not need to show stock price impact for class certification purposes; a Southern District of New York ruling rejecting Martin Act preemption of most common law claims arising from New York securities transactions; and a Delaware Supreme Court decision addressing standing requirements for post-merger double derivative actions.