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Faruqi Law Blog

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Drugmakers’ “Shenanigans” Stifle Generic Competition

April 16th, 2018

The Trump administration and Congress are focusing their attention on brand-name drugmakers that prevent generic competitors from accessing branded drug samples, thereby inhibiting bioequivalence testing that is needed to gain FDA approval of a generic drug. In November of last year, FDA Commissioner Scott Gottlieb criticized branded drug companies for these types of “shenanigans” aimed at...

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SCOTUS Rules State Courts Can Continue to Hear Certain Securities Class Actions

April 16th, 2018

In a decision published on March 20, 2018, the U.S. Supreme Court unanimously ruled that state courts have jurisdiction over securities class action lawsuits alleging breaches of law solely under the Securities Act of 1933 (“the ’33 Act”). In the case, investors brought suit in California state court against a corporation that made an initial public offering as to disclosures made in a...

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The SEC Awards More Than $2.2 Million to Whistleblower Under Safe-Harbor Rule

April 9th, 2018

On April 5, 2018, the SEC issued a news release announcing that it had awarded more than $2.2 million to a whistleblower whose tips helped the Commission open an investigation which led to an enforcement action.  The whistleblower initially reported the information to another federal agency and subsequently provided the same information to the SEC. The award was the first award paid by the...

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SEC Guidance On Cybersecurity For Public Companies

April 4th, 2018

On February 21, 2018, the United States Securities and Exchange Commission (“SEC”) issued guidance regarding cybersecurity-related procedures and disclosures for public companies (the “2018 Release”).  The 2018 Release reinforces and expands guidance that the SEC provided in 2011.  Additionally, the 2018 Release addresses two topics that were not developed in the 2011 guidance,...

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Spotify’s IPO

April 4th, 2018

Spotify, the popular music streaming service, has gone public. On April 3, 2018, Spotify opened at $165.90 per share, which valued the company at $29.5 billion. This exceeded industry expectations, as early estimates valued the company at $20 billion.  While this particular IPO is attracting media attention due to Spotify’s ubiquity, investors should know two things about the IPO before...

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