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Cyan decision, Sundial Growers faced parallel suits in federal and state courts. See In re Sundial Growers Inc. Securities Litigation, 19-cv-08913-ALC (S.D.N.Y.). A motion to dismiss has been briefed in the federal action, though a decision has not yet been issued. To avoid duplicative state and federal litigation, we advise corporations to adopt federal forum selection provisions in their bylaws. See Seyfarth Shaw LLP, Sundial Growers issued a defense friendly decision which was affirmed by the Appellate Division. Dismissal of New York State Complaint The complaint filed in New York state court alleges that the company misled investors by stating it was a producer of “high-quality” and “premium” cannabis when, allegedly, there were issues with cannabis quality, including an alleged incident in 2018 where a large order was returned. ....
To print this article, all you need is to be registered or login on Mondaq.com. For any company, going public is fraught with securities litigation risks. As highlighted in the recent New York State Appellate Court decision In The Matter of Sundial Growers, Inc. Securities Litigation, companies operating in the relatively new, but rapidly growing, frontier of legal cannabis must be thorough and careful when issuing public disclosures. Companies must also be aware of venue issues: in particular, the potential for simultaneous federal and state proceedings related to IPO filings following the United States Supreme Court s 2018 Cyan decision, and should consider the adoption of Federal ....