Start Stock options backdating articles

Stock options backdating articles

The appellate court said that it found no abuse of discretion in the district court’s determination that Plaintiffs met their burden with a combination of direct and indirect evidence of market efficiency.

On July 7, 2017, in an opinion written by Eastern District of New York Judge Nicholas Garaufis (sitting by designation) for a unanimous three-judge panel, the Second Circuit affirmed in part and vacated in part Judge Rakoff’s class certification order, and remanded the case to the district court for further proceedings.

The appellate court held that in determining whether or not Petrobras noteholders’ claims can proceed on a class-wide basis, the district court must, in light of the federal class action procedure’s “predominance” requirement, determine whether or not common questions outweigh individual questions of transactional domesticity. On February 2, 2016, Southern District of New York Jed Rakoff granted the plaintiffs’ motion to certify two classes. The Second Circuit agreed to hear the appeal and stayed the district court case.

The appellate court’s ruling, which can be found here, could complicate class certification in cases involving non-U. On appeal, the defendants argued that the class certification order should be set aside because the classes as certified did not meet the implied “ascertainabiltiy” requirement and that the classes as certified did not satisfy the “predominance” requirement because of the individual issues concerning whether or not particular claimant’s transactions were sufficiently domestic.

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