Month: August 2025
Dissemination of One’s Own Misstatements Does Not Create Scheme Liability, Says New York Court
On July 16, 2025, the US District Court for the Eastern District of New York dismissed a scheme liability claim in an enforcement action brought by the US Securities and Exchange Commission (SEC) against a company’s former chief financial officer (CFO). The SEC alleged that the CFO engaged in “deceptive […]
California Supreme Court Saves Delaware Forum Selection Clauses in Corporate Certificates of Incorporation
On July 21, 2025, the California Supreme Court issued a significant decision clarifying that a forum selection clause in a company’s certificate of incorporation is not unenforceable simply because the selected forum (here, the Delaware Court of Chancery) does not provide the right to a jury trial. In EpicentRx, Inc. […]