Court:
U.S. Court of Appeals
(Second Circuit)

(pet. for rehearing en banc)

Amicus Issue:
Whether the court erroneously certified an investor class based solely on the type of general, aspirational statements about a financial services firm’s business principles and internal controls that the Second Circuit has repeatedly held are not actionable, because no reasonable investor would rely on such statements.

Whether the court erroneously ruled that to rebut the fraud-on-the-market presumption of classwide reliance by showing that the challenged statements did not impact the issuer’s stock price, as authorized by Halliburton II, Defendants must “demonstrate a complete absence of price impact” with “conclusive evidence.”

Counsel of Record:
Simpson Thacher & Bartlett LLP
Jonathan K. Youngwood
Craig S. Waldman

Other Amici:
Bank Policy Institute