Securities,
Civil Litigation,
9th U.S. Circuit Court of Appeals
Mar. 22, 2018
Corporate mismanagement and scienter in securities class actions
Earlier this month, the 9th affirmed dismissal of a securities class action against on the basis that the inference of scienter was not at least as compelling as the inference of an honest mistake by a mismanaged organization.
Ellen M. Murphy
Partner
Orrick, Herrington & Sutcliffe LLP
Email: emurphy@orrick.com
Ellen has represented individuals and organizations in a variety of civil, criminal and regulatory matters. Her practice focuses on white-collar defense and complex civil litigation.
Stephanie Albrecht
Senior Associate
Orrick, Herrington & Sutcliffe LLP
Email: salbrecht@orrick.com
Stephanie focuses her practice on regulatory and internal investigations and complex litigation. She has experience representing companies and individuals in SEC and DOJ investigations involving potential violations of the securities laws, the Foreign Corrupt Practices Act, the False Claims Act, and other federal and state laws.
Elizabeth Marshall Anderson
Managing Associate
Orrick, Herrington & Sutcliffe LLP
Phone: (202) 551-6426
Email: MarshallAndersonE@sec.gov
Elizabeth (Liz) is a managing associate in Orrick's White Collar, Investigations, Securities Litigation & Compliance group. She represents companies and individuals in government investigations, regulatory enforcement matters, internal investigations, and complex civil litigation.
Earlier this month, the 9th U.S. Circuit Court of Appeals affirmed dismissal of a securities class action against SolarCity on the basis that the inference of scienter was not at least as compelling as the inference of an honest mistake by a mismanaged organization. Webb v. SolarCity Corp., 2018 DJDAR 2204 (9th Cir. March 8, 2018). SolarCity joins a long line of cases after Tellabs Inc. v. ...
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