Defense Bar Commentary Highlights Practice Points for Biotech Securities Litigation

A panel of corporate advisors updated their 2017 survey of securities litigation involving development-stage biotech companies, providing important practice points for the institutional investor and concluding that biotech start-ups do not pose a greater securities class action risk compared to other companies. Stronger cases involved plaintiffs making credible allegations that defendants intentionally misrepresented data or facts about their interactions with the FDA, omitted adverse regulator feedback, or presented misleading information about regulatory milestones or assessments.

Securities and Exchange Commission Adopts Final Fund of Funds Rule

On October 7, 2020, the Securities and Exchange Commission (SEC) adopted Rule 12d1-4 and other amendments under the Investment Company Act of 1940, as amended, which streamline and enhance the regulatory requirements for registered investment companies and business development companies to acquire shares of other funds in excess of the limits in Section 12(d)(1) of the 1940 Act.