Second Circuit’s Application of the Halliburton Doctrine

Posted by Monica Loseman, Jason Mendro, and Lissa Percopo, Gibson, Dunn & Crutcher LLP, on Sunday, February 11, 2018 Editor's Note: Monica Loseman, and Jason Mendro are partners and Lissa Percopo is an associate at Gibson, Dunn & Crutcher LLP. This post is based on a Gibson Dunn publication by Ms. Loseman, Mr. Mendro, Ms. Percopo, and Christopher White. Related research from the Program on Corporate Governance includes Rethinking Basic by Lucian Bebchuk and Allen Ferrell (discussed on the Forum here). On January 12, 2018, the Second Circuit issued its second substantive opinion applying Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (“Halliburton II“), only the third issued by any federal circuit court since the Supreme Court’s landmark decision in June 2014. Ark. Teachers Ret. Sys. v. Goldman Sachs, — F.3d —, Case No. 16-250, 2018 WL 385215 (S.D.N.Y. Jan. 12,…

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