In this episode of S&C’s Critical Insights, Jeff Scott and Julia Malkina, Co-Heads of S&C’s Securities Litigation Practice, discuss the upcoming November 13 oral argument in NVIDIA Corp. v. E. Ohman J:or Fonder AB and the potential implications for companies’ securities-litigation exposure.
There are two issues presented. First, whether plaintiffs seeking to allege scienter (fraudulent intent) under the Private Securities Litigation Reform Act (PSLRA) based on allegations about internal company documents must plead with particularity the contents of those documents. Second, whether plaintiffs can plead falsity under the PSLRA by relying on an expert opinion rather than particularized allegations of fact.