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Articles by Robert E. O'Leary
Function Is the Endpoint: Why Aging Research Should Track Reserve
Ask older adults what they fear about aging and few of them name a number. They name the stairs. They name the low chair they cannot get out of, the groceries they cannot carry in from the car, the day they need someone’s help to stay at home. That is the question patients bring to a rehabilitation clinic, and it is a question about functional reserve. It is seldom the one longevity science sets out to answer. The field has become very good at reading aging inside the body.
Credit Quarterly: New Terms
Four years after the sea change in interest rates began, the tide hasn’t reversed. The rate hikes of 2022 weren’t just a blip in a multidecade yield compression trend—they initiated a fundamental repricing of capital. Expected rate cuts have not materialized and government bond yields are well above 2022 levels, with the U.S. 10-year Treasury yield recently crossing the symbolic 5% threshold.
US Supreme Court Holds ‘Pure Omissions’ Not Actionable Under 10(b) of Securities Exchange Act, Resolving Circuit Split | JD Supra
In a blow to the plaintiffs’ securities bar, the US Supreme Court in Macquarie Infrastructure Corp. v. Moab Partners unanimously held that a “pure omission”—the failure to disclose information in the absence of an inaccurate, incomplete, or misleading statement—cannot give rise to liability under Section 10(b) of the Securities Exchange Act of 1934 or Rule 10b-5 thereunder, even where there is an affirmative regulatory duty to disclose the omitted information.
US Supreme Court Holds ‘Pure Omissions’ Not Actionable Under 10(b) of Securities Exchange Act, Resolving Circuit Split
In a blow to the plaintiffs’ securities bar, the US Supreme Court in Macquarie Infrastructure Corp. v. Moab Partners unanimously held that a “pure omission”—the failure to disclose information in the absence of an inaccurate, incomplete, or misleading statement—cannot give rise to liability under Section 10(b) of the Securities Exchange Act of 1934 or Rule 10b-5 thereunder, even where there is an affirmative regulatory duty to disclose the omitted information.
US Supreme Court Holds ‘Pure Omissions’ Not Actionable Under 10(b) of Securities Exchange Act, Resolving Circuit Split
In a blow to the plaintiffs’ securities bar, the US Supreme Court in Macquarie Infrastructure Corp. v. Moab Partners unanimously held that a “pure omission”—the failure to disclose information in the absence of an inaccurate, incomplete, or misleading statement—cannot give rise to liability under Section 10(b) of the Securities Exchange Act of 1934 or Rule 10b-5 thereunder, even where there is an affirmative regulatory duty to disclose the omitted information.
Why California Applying Delaware Caremark Standard is a Big Deal, Law360
Partners Warren Rissier, of counsel Karen Pieslak Pohlmann, and associate Robert (Bob) O’Leary co-authored an Expert Analysis for Law360 discussing a recent California Supreme Court decision that, for the first time, adopted the Caremark standard used by Delaware courts to evaluate breach of fiduciary duty claims based on an alleged failure of oversight. The article provides a primer on the Caremark standard, outlines how it was applied in the matter of Kanter v.
Ninth Circuit Holds That Social Media Posts Can Give Rise to Securities Act Liability | JD Supra
The US Court of Appeals for the Ninth Circuit recently held that a person who makes social media posts promoting securities—motivated at least in part by their own financial interests or those of the securities’ owner—is “selling” those securities for the purposes of Section 12 of the Securities Act of 1933. The Pino v. Cardone Cap. LLC decision (see Pino v. Cardone Cap., LLC, No. 21-55564, 2022 WL 17826876 (9th Cir. Dec.
US Supreme Court to Hear Appeal Regarding Securities Act Claims in Direct Listings | JD Supra
The US Supreme Court recently agreed to hear an important appeal of a US Court of Appeals for the Ninth Circuit decision interpreting Sections 11 and 12(a)(2) of the Securities Act of 1933 in the context of a direct stock listing. These sections of the Securities Act of 1933 (the Securities Act) allow investors to bring claims based on a false or misleading statement in a registration statement.
US Supreme Court to Hear Appeal Regarding Securities Act Claims in Direct Listings
The US Supreme Court recently agreed to hear an important appeal of a US Court of Appeals for the Ninth Circuit decision interpreting Sections 11 and 12(a)(2) of the Securities Act of 1933 in the context of a direct stock listing. These sections of the Securities Act of 1933 (the Securities Act) allow investors to bring claims based on a false or misleading statement in a registration statement.
Mexico Nationalizes Lithium Mining | JD Supra
Over the last year, several Latin American countries, including Chile, Peru and Mexico, have discussed various measures that, if adopted, could materially affect the mining, energy and natural resource sectors. Shearman & Sterling has written about several of these initiatives.[1] This note examines Mexico’s recent decision to nationalize its lithium mining industry.
US Supreme Court: Courts to Consider Generic Nature of Alleged Misstatements in Price Impact Analysis | JD Supra
In Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, the US Supreme Court clarified that courts should consider all record evidence relevant to class certification, regardless of whether that evidence also overlaps with the merits.
Regulatory Developments In The Mexican Power And Oil & Gas Sectors — Protecting Private Investment - Energy and Natural Resources - Mexico
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Amendments To Mexican Oil & Gas Midstream And Downstream Regulations
To print this article, all you need is to be registered or login on Mondaq.com. Introduction In early May 2021, the Mexican Federal Congress approved two bills that materially amended Mexico's Hydrocarbons Law (Ley de Hidrocarburos-LH1), a product of the 2013 Energy Reform in Mexico that opened the upstream, midstream and downstream sectors in the oil and gas industry to private investment.
Regulatory Developments In The Mexican Power Sector—Chapter 3: Tipping The Scales Further In Favor Of State-Owned Companies - Energy and Natural Resources - United States
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Recent Regulatory Developments In The Mexican Power Sector—Chapter 2: The Tug Of War Continues - Energy and Natural Resources - United States
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Recent Regulatory Developments In The Mexican Power Sector
To print this article, all you need is to be registered or login on Mondaq.com. Following Mexico's energy regulatory reforms that began at the end of 2013 and were championed by the prior administration of former President Enrique Peña Nieto, foreign investment in the energy sector in Mexico flourished, in particular through three successful rounds of energy auctions that attracted considerable development of new wind and solar power generation plants.
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