Biz Groups Back VW In 9th Circ. Query On Fraud Standard

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Publish Date:
February 11, 2020
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Source:
Law360
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Summary

The U.S. Chamber of Commerce, a former commissioner of the U.S. Securities and Exchange Commission and a cadre of law professors are among the amici who’ve thrown support behind Volkswagen’s request for Ninth Circuit guidance on a key reliance standard in securities fraud claims.

Two amicus briefs filed Monday underscore apparent industry concerns about a California federal judge’s application of the U.S. Supreme Court’s 1972 Affiliated Ute decision — which established that securities fraud claims can survive based on a presumption of reliance on a company’s omission — in preserving putative class claims that Volkswagen AG tricked investors into buying overpriced bonds by hiding its emissions defeat devices.

The law professors and former SEC officials are represented by Gideon A. Schor of Wilson Sonsini Goodrich & Rosati PC and Joseph A. Grundfest of Stanford Law School.

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