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The Bulletin - Summer 2022

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  • Amending the Complaint to Leverage Facts Unearthed in Discovery and Strengthen the Class's Claims

    Vanessa Milan, Joshua Materese, Joshua D'Ancona

    While securities fraud litigators often point to dispositive motions as key moments where the claims-at-issue in a case can be clarified and refined, in two ongoing cases, KTMC has taken another, less-prevalent approach to aggressively strengthen class member claims mid-litigation. Namely, in two...

  • SEC Proposed Rules Regarding Climate-Related Disclosures Would Be a Win for Investors

    Barbara Schwartz

    In March 2022, the United States Securities and Exchange Commission (the “SEC”) proposed new rules that would require public companies to make extensive climate-related disclosures (the “Proposed Rules”).[1] The Proposed Rules would require public companies to disclose, inter alia, their...

  • Greenwashing: A New Color of Corporate Misconduct

    G U E S T A U T H O R By: Thomas H. Kjærgaard, Founder at Kjærgaard Capital & Advisor to Kessler Topaz Meltzer & Check Environmental, social, and governance (ESG) criteria are a set of standards companies and investors use to screen potential investments in an effort to become and remain...

  • KTMC Obtains Class Certification in Case Against Government for Recovery of ACA Transitional Reinsurance Program Contributions

    Jonathan Neumann

    KTMC is lead counsel in a novel case seeking recovery of contributions (payments) made by self-insured entities in connection with the Patient Protection and Affordable Care Act (“ACA”), and specifically its Transitional Reinsurance Program (“TRP”), for benefit years 2014-2016. The case is pending...

  • Loss Causation in Securities Fraud Cases Brought in the Wake of Government Investigations

    Matthew Mustokoff, Stacey Kaplan

    This article originally appeared in the April, 2022 edition of The NAPPA Report Shareholder litigation and government investigations often go hand in hand when large-scale corporate misconduct occurs and investment losses are suffered. In such cases, the plaintiff’s burden of establishing “loss...