This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Securities,
Civil Litigation,
9th U.S. Circuit Court of Appeals

Nov. 6, 2018

9th Circuit puts to rest decade-old Northstar litigation as preempted by SLUSA

One thing Northstar and other recent 9th Circuit cases make clear is that district courts in the 9th Circuit must read complaints holistically to determine whether the "gravamen" or "res gestae" of the complaint alleges misstatements or omissions that would be actionable under the federal securities laws.

Peter Wald

Partner
Latham & Watkins LLP

Email: peter.wald@lw.com

Peter is a San Francisco-based partner in the firm's Litigation & Trial Department and member of the firm's Securities Litigation and Professional Liability Practice.

See more...

Gavin M. Masuda

Partner
Latham & Watkins LLP

Email: gavin.masuda@lw.com

UC Hastings COL; San Francisco CA

Gavin Masuda is a San Francisco-based partner (as of January 1, 2019) in the firm's Litigation & Trial Department and member of the firm's Securities Litigation and Professional Liability Practice.

See more...

On Oct. 23, the 9th U.S. Circuit Court of Appeals likely put to rest Northstar Financial Advisors' decade-old lawsuit against Schwab Investments, Charles Schwab Investment Management, Inc. and the trustees of the Schwab Trust. The court denied Northstar's petition for rehearing en banc of the Sept. 14, panel decision in Northstar Financial Advisors v. Schw...