Publications Nov 22, 2021 Northern District of California: Misleading Statements and Omissions Alleged Where Due Diligence Fell Short of What an Investor Would Believe Defendants’ Assurances Meant Nov 22, 2021 Southern District of New York: Motive to Defraud Shown by Pointing to Concrete Benefits That Could Be Realized From the Allegedly Misleading Statements or Nondisclosures, Not “Nominal Boons” Nov 18, 2021 Joshua Polster and Conor Mercadante Author Article in Law360 on Recent Ruling Concerning Insurance for BIPA Claims Nov 18, 2021 New York Court of Appeals Roundup: ‘Adar Bays’ Clarifies Usury Law Application Nov 16, 2021 UK Government Proposes New Code of Practice and Legislation to Address Remaining COVID-Related Commercial Rent Debts Nov 16, 2021 Simpson Thacher Attorneys Author Article on Derivative Litigation in New York Courts Against Non-U.S. Companies Nov 08, 2021 Getting the Deal Through: Market Intelligence – Mergers & Acquisitions 2021 Nov 05, 2021 Getting The Deal Through: Market Intelligence – Private Equity 2021 Nov 03, 2021 James Board Authors Article in Private Debt Investor on Key Private Debt Fundraising Trends Nov 01, 2021 Recent Delaware Derivative Stockholder Litigation Developments Oct 29, 2021 Ninth Circuit: Plaintiff Who Purchased Shares in a Direct Listing Has Standing Under Section 11 and Section 12(a)(2) Regardless of Whether Shares Were Registered or Unregistered Oct 29, 2021 Delaware Supreme Court: In Overruling Gentile v. Rossette the Court Throws Out the Exception to Tooley’s “Simple” Test to Distinguish Between Direct and Derivative Claims Oct 29, 2021 Delaware Supreme Court: Adopts Three-Part Demand Futility Test; Agrees That Exculpated Claims Do Not Excuse Demand as They Do Not Expose Directors to a Substantial Likelihood of Liability Oct 29, 2021 Southern District of New York: Misleading “Comforting Statements” Not Alleged Even Where Defendants Speculated About a Potential Positive Impact on Demand Oct 27, 2021 Policy Exclusion Bars Coverage For BIPA Claim, Says North Carolina Court Oct 27, 2021 Ninth Circuit Affirms Dismissals Of Business Interruption Coverage Suits In Trio Of Rulings Oct 27, 2021 Minnesota Court Rules That Allegations Of COVID-19 Contamination Are Sufficient To Withstand Dismissal Of Coverage Suit Oct 27, 2021 Parting Ways With Majority Of Federal Courts, Missouri District Court Allows Some COVID-19 Coverage Claims To Proceed, But Dismisses Others Oct 27, 2021 Pharmaceutical Company’s Settlement Payment To DOJ Is Not Uninsurable Disgorgement Of Ill-Gotten Gains, Says Illinois District Court Oct 27, 2021 Tennessee Appellate Court Declines To Find “Other Insurance” Clauses Mutually Repugnant ...51525354555657585960...