We have successfully prosecuted claims for false or misleading statements in the sale or purchase of securities. These claims may be filed under California securities (Blue Sky) laws or federal laws.
It is generally easier to prove a claim under California’s law compared with Federal law even though comparatively few claims are pursued under California’s Blue Sky laws. Under California law, the remedy for a violation may be rescission of the transaction which can eliminate complex valuation issues about the value of the securities.
Fintech (financial technology) companies create new ways to pay for goods and services and to access capital through cryptocurrencies that are traded on various exchanges and used to buy both digital and non-digital assets. Federal and state regulations continue to evolve for these transactions and may trigger securities law. A non-fungible token (NFT) is a unique digital asset minted from a digital image of art, music or video that can be bought and sold on marketplaces using cryptocurrencies. The legal claims regarding NFTs generally involve contract and fraud claims.
In 2020, we obtained a $8.75 million settlement in Orange County Superior Court, Complex Department, for a small class of shareholders whose shares were repurchased by Ambry Genetics Corp. which paid higher dividends after the repurchases and subsequently merged at a higher share price with Konica Minolta. Malin v. Ambry Genetics Corp., Orange County Case No. 30-2018-00994841.