scienter

(LIIBULLETIN preview)

In February 2015, the technology companies Emulex Corporation (“Emulex”) and Avago Technologies Wireless Manufacturing, Inc. (“Avago”) announced that they would be merging. Varjabedian v. Emulex Corp. at 401. In accordance with the merger agreement,...

(LIIBULLETIN preview)

Between October 22, 2003 and February 6, 2004, Respondent James Siracusano bought thousands of shares in Petitioner Matrixx Initiatives Inc. (“Matrixx”). See Siracusano v. Matrixx Initiatives, Inc., No. 04-1012, 2005 WL 3970117, at *1 (D. Ariz. Dec. 15...

(LIIBULLETIN preview)

Under 28 U.S.C. § 1658, claims of “fraud, deceit, manipulation or contrivance” concerning the Securities Exchange Act of 1934 can be made either “[two] years after the discovery of the facts constituting the violation,” or “[five] years after such...

(LIIBULLETIN preview)

This case arises from the consolidation of two cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, Inc, which are factually similar and present an identical question of law. Both cases stem from the same...