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Fresenius As “Event Driven” Litigation; The Delaware Supreme Court Rapidly Affirms the Trial Court Ruling That Fresenius Properly Invoked the Material Adverse Event Clause

Posted in Class Actions, D + O Issues, Litigation Industry, SEC Disclosures, Securities

Over the last couple of years, defense oriented commentators have used the meme “event driven securities litigation” as part of complaining about the increasing volume of class action litigation. From my perspective, there could be merit to some complaints, but the meme is far too broad and all “event driven” cases are not equal. Why?… Continue Reading

D&O Liability Issues – A Look Ahead

Posted in D + O Issues, SEC Disclosures

Kevin LaCroix published a September 3, 2014 post with his prognostications about a range of D&O issues. Of note, he included litigation about the lack of adequate environmental disclosures. And, of course, it takes little imagination to extend that thought to disclosures about mass tort claims and risks. Set out below is the introduction to… Continue Reading

U.S. Supreme Court Approves Securities Fraud Claims for Failing to Disclose Information on Possible Product Defects

Posted in SEC Disclosures

 Wow – I took  a few days off for spring break with my daughters, and now return to find the US Supreme Court recognizing that product defect information may be important to investors. In this post, SCOTUS blog provided the gist of the story as follows: "In Matrixx Initiatives, Inc. v. Siracusano, the Court held that a drug company’s investors, when… Continue Reading

Change Ahead – International Accounting Standards and Contingent Liabilities – IAS 37 Resources and Information

Posted in SEC Disclosures

Yesterday’s post was tied to US FAS 5 rules and related disclosures regarding contingent liabilities, such as mass tort claims. As the financial world goes global, there will be change ahead as the International Accounting Standards take control. It will be interesting to watch the evolution from FAS 5 disclosure to isclosures under  IAS 37 . The subject… Continue Reading

Financial Disclosures of Contingent Liabilities – New Towers Watson Summary of 10Ks Regarding Asbestos Claims

Posted in SEC Disclosures

Courtesy of a friend, I learned about Towers Watson publishing this report summarizing public company FAS 5  disclosures regarding asbestos claiming as set out in 10Ks. The report is well done and interesting. Note especially the analysis of the types of information that are and are not disclosed in typical reports.    … Continue Reading