Jan 7, 2021 | 2019-2020, Blogs, home blog
In order for the SEC or a private litigant to make out a claim for securities fraud under § 10(b) of the Securities Exchange Act of 1934, it must prove that the alleged misstatements or omissions were material. While courts often deny summary judgment as to...
Jan 7, 2021 | 2019-2020, Blogs, home blog, Uncategorized
In 1932, the U.S. Supreme Court established a double jeopardy test to determine if multiple charges can stand together: each charge must contain proof of a fact which the other does not. If one charge is merely the lesser-included offense of the other charge, then...
Jan 30, 2020 | 2019-2020, Blogs
States first started enacting laws requiring personal registration of voters in the late nineteenth century. Since 1993, Massachusetts law requires that an individual voting in any election must register to vote twenty days prior to the day of the election. At the...
Jan 30, 2020 | 2019-2020, Blogs
In 1973, the Supreme Court recognized that the right of privacy inherent in the Fourteenth Amendment’s guarantee of due process encompasses a woman’s right to choose to have an abortion. Since then, states have continually attempted to infringe upon women’s...
Jan 30, 2020 | 2019-2020, Blogs
We have all heard the expression “in the wrong place at the wrong time” at some point in our lives. The phrase can mean something as minor as getting stuck in a terrible traffic jam or something as life-altering as being suspected of a serious crime. Thankfully, the...
Jan 30, 2020 | 2019-2020, Blogs
The reckless use of Twitter by certain C-Suite corporate executives has not only put those executives at the mercy of the Securities and Exchange Commission (SEC), but has exposed their companies to corporate liability as well. Look no further than the Elon Musk saga....