Information About Securities litigation and enforcement
Below is a preview of the five most recent posts from the blog Securities litigation and enforcement. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- The Quebec Court of Appeal rules that dissident rights do not apply to trust unitholders
On January 21, 2019, the Quebec Court of Appeal ruled in O’Leary Funds Management c. Boralex Inc., 2019 QCCA 84, that dissident rights under business corporations acts do not apply to trusts. Unitholders of a trust must therefore ensure that their rights are recognized under the trust agreement or … Read more »
- Motion Judge Erred in Law by Approving Class Counsel’s Fees
The Court of Appeal for Ontario recently set aside a decision approving the legal fees of class counsel on the condition that counsel would donate 40% of the approved fees to charity. The appeal provides useful guidance for practitioners on fee approval motions in class actions. The Settlement Agree … Read more »
- Be Careful What You Say – SEC successfully concludes enforcement proceedings against robo-advisors for false advertising and misleading disclosures
On December 21, 2018, the Securities and Exchange Commission (SEC) settled proceedings against two robo-advisors for making false statements about investment products and publishing misleading advertising. The proceedings were the SEC’s first enforcement actions against robo-advisors, providing guid … Read more »
- Personal jurisdiction in the age of blockchain
As commercial activity increasingly intertwines with applications of blockchain technology with participants around the world, courts have had to grapple with the personal jurisdiction implications of such arrangements. Will participants in these blockchain applications based outside the United Stat … Read more »
- Forum Selection Clauses in Delaware Corporate Charters Invalid as to Securities Claims
The Delaware Chancery Court recently faced a challenge to forum selection clauses in certificates of incorporation of three Delaware corporations that required shareholder claims under the Securities Act of 1933 be brought in U.S. federal court, thereby barring the state forum. For securities cases … Read more »
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