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Second Circuit Confirms that Item 303 Disclosure Violations May Support Section 10(b) Liability in Reviving Claims Based on Failure to Disclose Risks from Harmful-Emission Regulation | Cadwalader, Wickersham & Taft LLP

Securities Litigation and Regulatory Enforcement Update | Skadden, Arps, Slate, Meagher & Flom LLP

Below are high-level takeaways on each topic. Securities Filings Remain Elevated Despite the Pandemic Despite unprecedented disruptions to the court system from the COVID-19 pandemic, plaintiffs continued to bring securities class actions at elevated levels in 2020 a sign that filings will remain high in the year ahead. Based on data from Cornerstone Research through September 30, 2020, plaintiffs were on pace to file approximately 375 federal and state securities class actions through the end of the year. Although lower than the more than 400 actions filed in each of the previous three years, this figure substantially exceeds the 261 cases brought, on average, between 2010 and 2019.

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