Stewart v. Berard

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that without alleging defendants’ “actual knowledge” of underlying bribery, SOX certifications were insufficient to establish scienter
• distinguishing Jinkosolar on the basis that the statements at issue were \far more generalized\ than those in Jinkosolar
• dismissing claims where the description of compliance measures was generalized and “did not describe specific regions, specific initiatives, or make any assurances of efficacy”
• dismissing complaint where description of compliance measure was generalized and “did not describe specific regions, specific initiatives, or make any assurances of efficacy”
• “The existence of a subpoena does not, without more, give rise to a strong inference of scienter on the part of senior management.”
• “[T]he Court considers the SEC's exculpatory finding as if it were in the complaint itself, and accepts it as true.”

Source: CourtListener parenthetical corpus (CC0).