Weil Announces Release Of The Seventh Edition Of The 10b-5 Guide

Wednesday, September 19, 2012 - 11:10

Weil, Gotshal & Manges LLP has announced the release of the seventh edition of The 10b-5 Guide, written and edited by Robert F. Carangelo, Paul A. Ferrillo, David J. Schwartz and Matthew Altemeier. Featuring a foreword by the esteemed Kevin LaCroix, author of The D&O DiaryThe 10b-5 Guide is a comprehensive survey of 2010/11 court decisions in litigation based on violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. Weil’s guide is presented as a primer for corporate employees and securities litigation practitioners, and serves as a handbook to one of the most important rules promulgated by the U.S. Securities and Exchange Commission – and one that serves as the basis for hundreds of securities class actions filed each year.

The 10b-5 Guide explores securities fraud litigation rulings by the U.S. Supreme Court, as well as at the circuit and district court levels. Over the last two years, the U.S. Supreme Court has issued more 10b-5 precedential rulings than have been decided in the previous 18. The Supreme Court cases – including MatrixxJanusHalliburtonWal-MartMorrison, and Merck – could have profound implications for how public companies around the globe meet their reporting obligations, defend against securities class actions and maintain their credibility in the eyes of regulators, judges and investors. At the very least, the rulings in these cases have created precedents that demand keen understanding of the nuances and potential pitfalls in securities litigation. Importantly, the U.S. Supreme Court has given no indication that it will ease up. Indeed, another precedent-setting ruling will likely occur in the upcoming Amgen case, scheduled for argument in the Supreme Court in fall 2012. This decision will address conflicting appellate court rulings on whether plaintiffs must prove materiality to invoke the fraud-on-the-market theory’s classwide presumption of reliance at the class certification stage.

Click here to download Weil’s 10b-5 Guide.

* * *


Weil has announced the release of The Laws of Spaceflight: A Guidebook for New Space Lawyers, co-authored by Weil Litigation associate Maria-Vittoria “Giugi” Carminati and Matthew J. Kleiman and Jennifer K. Lamie. Published by the American Bar Association, the book explores spaceflight and the changing space industry, as well as the complex and evolving legal issues affecting both. It also addresses global issues affecting commercial space development, such as where space begins, what laws govern space vehicles, and how export laws affect space commerce.

As government agencies reduce their involvement in space operations and private companies expand theirs, the challenges facing the spaceflight industry are growing, too. The Laws of Spaceflight: A Guidebook for New Space Lawyers offers practical guidance to both legal practitioners and corporate employees and the necessary contextual information to face this exciting and challenging new industry head-on. The authors start with a review of the historical and technical aspects of spaceflight and its related operations and how international and U.S. space law has developed over the past 55 years and then address the specific legal issues that space industries companies can expect to face: licensing private spaceflight activities, liability and insurance for spacecraft operators, the regulation of telecommunication and remote sensing satellites, export controls on space technologies, contracting with the U.S. government, environmental protection, and property rights.

For more information or to order a copy of The Laws of Spaceflight: A Guidebook for New Space Lawyers, please visit the American Bar Association’s website.

Ms. Carminati is an associate in the International Arbitration practice group in Weil’s Houston office and focuses on international arbitration and general commercial litigation, including credit derivatives, title insurance and shareholder disputes. She is a member of the International Institute of Space Law and the founder of the ABA Young Lawyer Division's Air and Space Law Committee, and vice chair of the ABA International Arbitration Committee.