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HAGENS BERMAN, NATIONAL TRIAL ATTORNEYS, Investigating Bit Digital (BTBT) for Possible Securities Law Violations, Encourages BTBT Investors and Persons Who May be Able to Assist to Contact its Attorneys Now

PR Newswire

SAN FRANCISCO, Jan. 11, 2021 /PRNewswire/ — Hagens Berman notifies investors in Bit Digital, Inc. (NASDAQ: BTBT) of the firm’s investigation into possible securities law violations.  Certain investors with losses may have valuable claims and are encouraged to submit their losses now.  The firm also encourages persons who may be able to assist the investigation to contact the firm.


Visit: www.hbsslaw.com/investor-fraud/BTBT


Contact An Attorney Now:


[email protected]


844-916-0895

Bit Digital, Inc. (BTBT) Investigation:

The investigation centers on whether Bit Digital may have misled investors about the company’s bitcoin mining activities.

More specifically, on Jan. 11, 2021, market analyst J Capital Research issued a scathing report about the company, concluding that Bit Digital operates “a fake crypto currency business” “designed to steal funds from investors.”

According to J Capital, “[t]he company reported at end Q3 2020 that it was operating 22,869 bitcoin miners in China,” but that “is simply not possible” and “[w]e verified with local governments supposedly hosting the BTBT mining operation that there are no bitcoin miners there.”

“We’re focused on investor losses and whether Bit Digital may have faked its business,” said Reed Kathrein, the Hagens Berman partner leading the investigation.

If you are a Bit Digital investor or have information that may assist our investigation, click here to discuss your legal rights with Hagens Berman.

Whistleblowers: Persons with non-public information regarding Bit Digital should consider their options to help in the investigation or take advantage of the SEC Whistleblower program.  Under the new program, whistleblowers who provide original information may receive rewards totaling up to 30 percent of any successful recovery made by the SEC.  For more information, call Reed Kathrein at 844-916-0895 or email [email protected].


About Hagens Berman


Hagens Berman is a national law firm with nine offices in eight cities around the country and eighty attorneys.  The firm represents investors, whistleblowers, workers and consumers in complex litigation.  More about the firm and its successes is located at hbsslaw.com.  For the latest news visit our newsroom or follow us on Twitter at @classactionlaw.

Contact:

Reed Kathrein, 844-916-0895

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SOURCE Hagens Berman Sobol Shapiro LLP

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ACI Worldwide and JCB Boost Merchant Acquiring Capabilities with Successful Global Rollout of Web API Payment Solution

ACI Worldwide and JCB Boost Merchant Acquiring Capabilities with Successful Global Rollout of Web API Payment Solution

JCB expands payments acceptance for acquirers, merchants and payment service providers with ACI Secure eCommerce

SINGAPORE & TOKYO–(BUSINESS WIRE)–ACI Worldwide (NASDAQ: ACIW), a leading global provider of real-time digital payment software and solutions, and JCB International Co., Ltd. (JCB), the international operations subsidiary of JCB Co., Ltd., Japan’s only international payment brand, today announced that JCB has completed the successful global rollout of its JCB Web API Service, including its Web API-based dispute function. JCB’s full implementation of ACI Secure eCommerce, which serves as the foundation for the service, helps acquirers, merchants and payments service providers (PSPs) drive payments acceptance in key regions across Asia and globally.

JCB is accepted at more than 35 million merchant locations globally, utilizing ACI Secure eCommerce as its JCB Web API Service—a processing interface to accelerate JCB Card acceptance in important and growing markets, especially in Asia. Acquirers benefit from an API-based interface for both authorization and clearing. The API-based dispute processing function on JCB Web API Service enables acquirers to receive chargeback notifications and request representment as a remedy for chargebacks via the Web API. The result is a more streamlined and efficient dispute handling operation for acquirers.

The full rollout of this solution enables acquirers and PSPs to support their merchants and offer more ways to pay for JCB cardmembers, who prefer to pay with their trusted brand. The ACI Secure eCommerce solution’s API significantly simplifies the integration effort and cost for acquirers and PSPs while shortening their time-to-market to offer JCB payment acceptance.

“We are committed to expanding our global business and enabling our cardmembers to pay for goods and services around the world,” said Kenta Seya, Executive Vice President, JCB. “ACI Secure eCommerce, which underpins JCB Web API Service, is globally proven with merchants and PSPs across geographies, industries and verticals. JCB’s service, which supports both payments and dispute processing with its Web API, will help accelerate our expansion across Asia and around the world.”

“The extensive capabilities delivered by ACI Secure eCommerce, including our mobile commerce software development kit, have enabled JCB to streamline and simplify operations while expanding their global reach,” said Debbie Guerra, Executive Vice President, ACI Worldwide. “Building on our initial success with JCB and with the completion of this full rollout, we look forward to supporting JCB’s long-term growth and global ambitions.”

About ACI Worldwide

ACI Worldwide is a global software company that provides mission-critical real-time payment solutions to corporations. Customers use our proven, scalable and secure solutions to process and manage digital payments, enable omni-commerce payments, present and process bill payments, and manage fraud and risk. We combine our global footprint with local presence to drive the real-time digital transformation of payments and commerce.

© Copyright ACI Worldwide, Inc. 2021

About JCB

JCB is a major global payment brand and a leading credit card issuer and acquirer in Japan. JCB launched its card business in Japan in 1961 and began expanding worldwide in 1981. Its acceptance network includes 35 million merchants around the world. JCB Cards are now issued in over 20 countries and territories with more than 140 million cardmembers. As part of its international growth strategy, JCB has formed alliances with hundreds of leading banks and financial institutions globally to increase merchant coverage and cardmember base. As a comprehensive payment solution provider, JCB commits to providing responsive and high-quality service and products to all customers worldwide. For more information, please visit: www.global.jcb/en/

ACI, ACI Worldwide, ACI Payments, Inc., ACI Pay, Speedpay and all ACI product/solution names are trademarks or registered trademarks of ACI Worldwide, Inc., or one of its subsidiaries, in the United States, other countries or both. Other parties’ trademarks referenced are the property of their respective owners.

Product roadmaps are for informational purposes only and may not be incorporated into a contract or agreement. The development release and timing of future product releases remains at ACI’s sole discretion. ACI is providing the following information in accordance with ACI’s standard product communication policies. Any resulting features, functionality, and enhancements or timing of release of such features, functionality, and enhancements are at the sole discretion of ACI and may be modified without notice. All product roadmap or other similar information does not represent a commitment to deliver any material, code, or functionality, and should not be relied upon in making a purchasing decision.

Media Contacts:

ACI

Dan Ring

[email protected]

+1 (781) 370-3600

Christopher Taine

[email protected]

+49 (0) 89 45230 128

JCB

Kumiko Kida, Ayaka Nakajima

Corporate Communications

+81-3-5778-8353

[email protected]

KEYWORDS: Massachusetts North America United States Asia Pacific Japan Singapore

INDUSTRY KEYWORDS: Technology Finance Security Professional Services Software Networks Retail Data Management Online Retail

MEDIA:

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ROSEN, GLOBAL INVESTOR COUNSEL, Announces Filing of Securities Class Action Lawsuit Against QuantumScape Corporation; Encourages Investors with Losses in Excess of $100K to Contact the Firm – QS

PR Newswire

NEW YORK, Jan. 11, 2021 /PRNewswire/ — Rosen Law Firm, a global investor rights law firm, announces the filing of a class action lawsuit on behalf of purchasers of the securities of QuantumScape Corporation (NYSE: QS) between November 27, 2020 and December 31, 2020, inclusive (the “Class Period”). The lawsuit seeks to recover damages for QuantumScape investors under the federal securities laws.

To join the QuantumScape class action, go to http://www.rosenlegal.com/cases-register-2017.html or call Phillip Kim, Esq. toll-free at 866-767-3653 or email [email protected] or [email protected] for information on the class action.

According to the lawsuit, defendants throughout the Class Period made false and/or misleading statements and/or failed to disclose that: (1) the Company’s purported success related to its solid-state battery power, battery life, and energy density were significantly overstated; (2) the Company’s battery technology was not sufficient for electric vehicle performance as it would not be able to withstand the aggressive automotive environment; (3) the Company’s battery technology likely provided no meaningful improvement over existing battery technology; (4) the Company is unlikely to be able to scale its technology to the multi-layer cell necessary to power electric vehicles (5) the successful commercialization of the Company’s battery technology was subject to much more significant risks and uncertainties than defendants had disclosed; and (6) as a result of the foregoing, defendants materially overstated the value and prospects of the Company’s battery technology. When the true details entered the market, the lawsuit claims that investors suffered damages.

A class action lawsuit has already been filed. If you wish to serve as lead plaintiff, you must move the Court no later than March 8, 2021. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, go to http://www.rosenlegal.com/cases-register-2017.html or to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. of Rosen Law Firm toll free at 866-767-3653 or via e-mail at [email protected] or [email protected].

NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY RETAIN COUNSEL OF YOUR CHOICE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO NOTHING AT THIS POINT. AN INVESTOR’S ABILITY TO SHARE IN ANY POTENTIAL FUTURE RECOVERY IS NOT DEPENDENT UPON SERVING AS LEAD PLAINTIFF.

Follow us for updates on LinkedIn: https://www.linkedin.com/company/the-rosen-law-firm, on Twitter: https://twitter.com/rosen_firm or on Facebook: https://www.facebook.com/rosenlawfirm/.

Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 3 each year since 2013. Rosen Law Firm has achieved the largest ever securities class action settlement against a Chinese Company. Rosen Law Firm’s attorneys are ranked and recognized by numerous independent and respected sources. Rosen Law Firm has secured hundreds of millions of dollars for investors. Attorney Advertising. Prior results do not guarantee a similar outcome.

Contact Information:

      Laurence Rosen, Esq.
      Phillip Kim, Esq.
      The Rosen Law Firm, P.A.
      275 Madison Avenue, 40th Floor
      New York, NY 10016
      Tel: (212) 686-1060
      Toll Free: (866) 767-3653
      Fax: (212) 202-3827
      [email protected]
      [email protected]
      [email protected]
      www.rosenlegal.com

 

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SOURCE Rosen Law Firm, P.A.

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Postal Realty Trust Announces Pricing of Upsized Follow-On Offering

Postal Realty Trust Announces Pricing of Upsized Follow-On Offering

CEDARHURST, N.Y.–(BUSINESS WIRE)–
Postal Realty Trust, Inc. (NYSE: PSTL) (the “Company”), an internally managed real estate investment trust that owns properties leased primarily to the United States Postal Service (the “USPS”), today announced the pricing of an upsized underwritten public offering of 3,250,000 shares of its Class A common stock at a price to the public of $15.25 per share. As part of the offering, the Company has granted the underwriters a 30-day option to purchase up to an additional 487,500 shares of Class A common stock. The offering is expected to close on January 14, 2021, subject to customary closing conditions.

The Company intends to use the net proceeds of this offering for general corporate purposes, which may include the acquisition of additional properties, payment of dividends, capital expenditures related to the properties in its portfolio, and the repayment of indebtedness under the Company’s unsecured revolving credit facility.

Jefferies, Stifel, BMO Capital Markets and Janney Montgomery Scott are acting as bookrunning managers for the offering. BTIG, D.A. Davidson & Co., Height Capital Markets and Strategas are acting as co-managers for the offering.

A registration statement on Form S-3 relating to these securities has been filed with and declared effective by the U.S. Securities and Exchange Commission on December 11, 2020. This press release is for informational purposes only and shall not constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of, or any solicitation of an offer to buy, these securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.

The offering is being made only by means of a prospectus supplement and accompanying prospectus. A copy of the final prospectus supplement and accompanying prospectus relating to the offering may be obtained, when available, from the following: Jefferies LLC, 520 Madison Avenue, 2nd Floor, New York, NY 10022, Attention: Equity Syndicate Prospectus Department, by telephone at (877) 821-7388 or by email at [email protected]; Stifel, Nicolaus & Company, Incorporated, One South Street, 15th Floor, Baltimore, MD 21202, Attention: Syndicate Department, by fax at (443) 224-1273, or by email at [email protected]; BMO Capital Markets Corp., 3 Times Square, 25th Floor, New York, New York 10036, Attention: Syndicate Department, by telephone at (800) 414-3627 or by email at [email protected]; and Janney Montgomery Scott LLC at 60 State Street, Boston, MA 02109, Attention: Equity Capital Markets Group, or by email at [email protected].

About Postal Realty Trust, Inc.

Postal Realty Trust, Inc. is an internally managed real estate investment trust that owns and manages over 1,100 properties leased primarily to the USPS. The Company believes it is one of the largest owners and managers of properties leased to the USPS.

Forward-Looking and Cautionary Statements

This press release contains “forward-looking statements.” Forward-looking statements include statements regarding the proposed public offering and other statements identified by words such as “could,” “may,” “might,” “will,” “likely,” “anticipates,” “intends,” “plans,” “seeks,” “believes,” “estimates,” “expects,” “continues,” “projects” and similar references to future periods, or by the inclusion of forecasts or projections. Forward-looking statements, including, among others, statements regarding the Company’s acquisition pipeline, the Company’s business, the economy and other future conditions. Because forward-looking statements relate to the future, by their nature, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict. As a result, the Company’s actual results may differ materially from those contemplated by the forward-looking statements. Important factors that could cause actual results to differ materially from those in the forward-looking statements include the USPS’s terminations or non-renewals of leases, changes in demand for postal services delivered by the USPS, the solvency and financial health of the USPS and the Company’s other tenants, competitive, financial market and regulatory conditions, disruption in market, economic and financial conditions as a result of the ongoing COVID-19 pandemic, general real estate market conditions, the Company’s competitive environment and other factors set forth under “Risk Factors” in the Company’s registration statement on Form S-3, the preliminary prospectus supplement related to the offering and the accompany prospectus, as well as in the Company’s most recent filings with the U.S. Securities and Exchange Commission. Any forward-looking statement made in this press release speaks only as of the date on which it is made. The Company undertakes no obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future developments or otherwise.

Investor Relations and Media Relations

Email: [email protected]

Phone: (516) 232-8900

KEYWORDS: New York United States North America

INDUSTRY KEYWORDS: REIT Finance Professional Services Commercial Building & Real Estate Construction & Property

MEDIA:

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MediciNova Enters into US$20 Million Securities Purchase Agreement with a fund managed by 3D Investment Partners

LA JOLLA, Calif., Jan. 11, 2021 (GLOBE NEWSWIRE) — MediciNova, Inc., a biopharmaceutical company traded on the NASDAQ Global Market (NASDAQ:MNOV) and the JASDAQ Market of the Tokyo Stock Exchange (Code Number: 4875), today announced that it has entered into a Securities Purchase Agreement pursuant to which MediciNova has agreed to issue US$20 million in shares of its common stock to 3D Opportunity Master Fund, a fund managed by 3D Investment Partners Pte. Ltd. (“3D”), in a private placement transaction.

MediciNova intends to use the proceeds received from the private placement primarily for the following three programs:

1) To initiate a new clinical trial of MN-166 (ibudilast) for glioblastoma, which could be a pivotal trial.

2) To develop an intravenous formulation of MN-166 (ibudilast), which is ideal for amyotrophic lateral sclerosis (ALS) patients who have difficulty with swallowing.

3) To initiate a Phase 2 clinical trial of MN-001 (tipelukast) in nonalcoholic steatohepatitis (NASH).

Yuichi Iwaki, MD, PhD, President and Chief Executive Officer of MediciNova, Inc., commented, “We are very pleased to reach this agreement with 3D Opportunity Master Fund. This investment will enable us to accelerate development of additional programs in our diverse pipeline. We believe that it is essential for shareholders and management to share the goal of increasing corporate value and to have investments that are accompanied by capital discipline. In this regard, we believe that 3D is an investor with a sincere desire to support our efforts to increase the true corporate value of MediciNova, which is our ultimate goal.”

Motoki Sato, MD, Managing Director of 3D Investment Partners Pte. Ltd., commented, “We believe that this investment will meaningfully accelerate MediciNova’s drug development in the pipeline and could lead to unleashing its highest potential in value. Significant benefits could be brought to and shared among patients and healthcare professionals in need of effective drugs to combat rare diseases, as well as MediciNova’s stakeholders. We are pleased to have built an effective relationship with MediciNova through incentive alignment between management and shareholders.”

About 3D Investment Partners

3D Investment Partners Pte. Ltd. is a value-oriented investment manager founded in 2015 and based in Singapore. 3D seeks value investing opportunities through a process of bottom-up fundamental research and analysis. By unlocking value with an emphasis on alignment of interest with the management teams of their portfolio companies, 3D delivers its clients superior long-term compounding returns with the spirit of “Sampo Yoshi” – a Japanese business core value that one should do business in a way that is good for all three parties: the seller, the buyer, and society at large. 3D, together with its portfolio company’s management, pursues the same goal of increasing value for all stakeholders.


About MediciNova

MediciNova, Inc. is a publicly-traded biopharmaceutical company founded upon developing novel, small-molecule therapeutics for the treatment of diseases with unmet medical needs with a primary commercial focus on the U.S. market. MediciNova’s current strategy is to focus on BC-PIV SARS-COV-2 vaccine for COVID-19, MN-166 (ibudilast) for neurological disorders such as progressive multiple sclerosis (MS), amyotrophic lateral sclerosis (ALS), degenerative cervical myelopathy (DCM), substance dependence (e.g., alcohol use disorder, methamphetamine dependence, opioid dependence) and glioblastoma (GBM), as well as prevention of acute respiratory distress syndrome (ARDS) caused by COVID-19, and MN-001 (tipelukast) for fibrotic diseases such as nonalcoholic steatohepatitis (NASH) and idiopathic pulmonary fibrosis (IPF). MediciNova’s pipeline also includes MN-221 (bedoradrine) and MN-029 (denibulin). For more information on MediciNova, Inc., please visit www.medicinova.com.

Statements in this press release that are not historical in nature constitute forward-looking statements within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include, without limitation, statements regarding the future development and efficacy of BC-PIV SARS-COV-2 vaccine, MN-166, MN-001, MN-221, and MN-029. These forward-looking statements may be preceded by, followed by, or otherwise include the words “believes,” “expects,” “anticipates,” “intends,” “estimates,” “projects,” “can,” “could,” “may,” “will,” “would,” “considering,” “planning” or similar expressions. These forward-looking statements involve a number of risks and uncertainties that may cause actual results or events to differ materially from those expressed or implied by such forward-looking statements. Factors that may cause actual results or events to differ materially from those expressed or implied by these forward-looking statements include, but are not limited to, risks related to the closing of the private placement, risks of obtaining future partner or grant funding for development of BC-PIV SARS-COV-2 vaccine, MN-166, MN-001, MN-221, and MN-029 and risks of raising sufficient capital when needed to fund MediciNova’s operations and contribution to clinical development, risks and uncertainties inherent to the development of formulations as well as the initiation and conduct of clinical trials, including the potential cost, expected timing and risks associated with clinical trials designed to meet FDA guidance and the viability of further development considering these factors, product development and commercialization risks, the uncertainty of whether the results of clinical trials will be predictive of results in later stages of product development, the risk of delays or failure to obtain or maintain regulatory approval, risks associated with the reliance on third parties to sponsor and fund clinical trials, risks regarding intellectual property rights in product candidates and the ability to defend and enforce such intellectual property rights, the risk of failure of the third parties upon whom MediciNova relies to conduct its clinical trials and manufacture its product candidates to perform as expected, the risk of increased cost and delays due to delays in the commencement, enrollment, completion or analysis of clinical trials or significant issues regarding the adequacy of clinical trial designs or the execution of clinical trials, and the timing of expected filings with the regulatory authorities, MediciNova’s collaborations with third parties, the availability of funds to complete product development plans and MediciNova’s ability to obtain third party funding for programs and raise sufficient capital when needed, and the other risks and uncertainties described in MediciNova’s filings with the Securities and Exchange Commission, including its annual report on Form 10-K for the year ended December 31, 2019 and its subsequent periodic reports on Form 10-Q and current reports on Form 8-K. Undue reliance should not be placed on these forward-looking statements, which speak only as of the date hereof. MediciNova disclaims any intent or obligation to revise or update these forward-looking statements.

INVESTOR CONTACT:
Geoff O’Brien
Vice President
MediciNova, Inc.
[email protected]



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SHAREHOLDER ALERT: Monteverde & Associates PC Announces an Investigation of Collective Growth Corporation – CGRO

PR Newswire

NEW YORK, Jan. 11, 2021 /PRNewswire/ — Juan Monteverde, founder and managing partner at Monteverde & Associates PC, a national securities firm headquartered at the Empire State Building in New York City, is investigating Collective Growth Corporation (“CGRO” or the “Company”) (CGRO) relating to its proposed acquisition by Innoviz Technologies Ltd. Under the terms of the merger agreement, CGRO will acquire Innoviz through a reverse merger with Innoviz emerging as publicly traded company.

The investigation focuses on whether Collective Growth Corporation and its Board of Directors violated securities laws and/or breached their fiduciary duties to the Company by 1) failing to conduct a fair process, 2) whether and by how much this proposed transaction undervalues the Company, and 3) whether all material information has been disclosed.

Click here for more information:
 

http://monteverdelaw.com/case/collective-growth-corporation

.
It is free and there is no cost or obligation to you.

About Monteverde & Associates PC

We are a national class action securities litigation law firm that has recovered millions of dollars and is committed to protecting shareholders from corporate wrongdoing.   We were listed in the Top 50 in the 2018 and 2019 ISS Securities Class Action Services Report. Our lawyers have significant experience litigating Mergers & Acquisitions and Securities Class Actions.  Mr. Monteverde is recognized by Super Lawyers as a Rising Star in Securities Litigation in 2013, 2017-2019, an award given to less than 2.5% of attorneys in a particular field.  He has also been selected by Martindale-Hubbell as a 2017-2019 Top Rated Lawyer.  Our firm’s recent successes include changing the law in a significant victory that lowered the standard of liability under Section 14(e) of the Exchange Act in the Ninth Circuit. Thereafter, our firm successfully preserved this victory by obtaining dismissal of a writ of certiorari as improvidently granted at the United States Supreme Court. Emulex Corp. v. Varjabedian, 139 S. Ct. 1407 (2019).  Also, in 2019 we recovered or secured six cash common funds for shareholders in mergers & acquisitions class action cases.

If you own common stock in Collective Growth Corporation and wish to obtain additional information and protect your investments free of charge, please visit our website or contact Juan E. Monteverde, Esq. either via e-mail at [email protected] or by telephone at (212) 971-1341.

Contact:
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4405
New York, NY 10118
United States of America
[email protected]
Tel: (212) 971-1341

Attorney Advertising. (C) 2020 Monteverde & Associates PC. The law firm responsible for this advertisement is Monteverde & Associates PC (www.monteverdelaw.com).  Prior results do not guarantee a similar outcome with respect to any future matter.

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SOURCE Monteverde & Associates PC

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U.S. Supreme Court Will Not Hear Case Challenging Removal Protections for SEC’s In-House Judges

Christopher M. Gibson v. U.S. Securities and Exchange Commission

Washington, D.C., Jan. 11, 2021 (GLOBE NEWSWIRE) — The U.S. Supreme Court today denied a petition for writ of certiorari in the case of NCLA client Christopher Gibson. He was challenging the decision of an Eleventh Circuit panel which concluded the district court lacked jurisdiction to hear his objections to the unlawful protection from removal by the President that Securities and Exchange Commission (SEC) administrative law judges (ALJs) enjoy. Former U.S. Solicitor General Greg Garre of Latham & Watkins authored the cert. petition.

In 2014 the SEC entered a formal order of investigation of Gibson’s trading activities. Gibson’s first ALJ, who ruled on his case in 2017, was deemed unlawfully appointed according to the U.S. Supreme Court’s 2018 decision in Lucia v. SEC. Rather than try Gibson in federal court, the SEC subjected him to a second hearing before another constitutionally-defective ALJ. NCLA argues that SEC ALJs enjoy multiple layers of protection from removal by the President of the United States. Currently, ALJs can only be removed for cause, and the only people who can remove them are SEC Commissioners and Merit Systems Protection Board members—also people whom the President can only remove for cause. 

SEC’s scheme fails to follow two controlling Supreme Court decisions: Free Enterprise Fund v. PCAOB and Thunder Basin v. Reich. In the Supreme Court unequivocally held that officers of the United States—like SEC ALJs—may enjoy only one layer of for-cause removal protection. Otherwise, the President’s Article II duty to ensure that federal officers are doing their jobs is unduly restricted. Free Enterprise Fund also unanimously held that district courts have jurisdiction to hear constitutional challenges to structural defects in agency tribunals under the very statutory provision at issue in Mr. Gibson’s case. Thus, the Eleventh Circuit’s ruling—and that of several other circuits—conflicts with the Supreme Court’s precedent in Free Enterprise Fund. Thunder Basin instructs that courts must hear claims that cannot be meaningfully reviewed later, are wholly collateral, and are outside agency competence and expertise—all of which are true in this case.

The SEC’s pattern of ignoring such precedents must be corrected. NCLA has another case in the works that may reach the Supreme Court on this same issue. NCLA has oral argument in front of an en banc Fifth Circuit on Jan. 20 in a similar case representing single-mom Michelle Cochran of Dallas, TX. If the Fifth Circuit rules against the SEC, that would set up a split in the law among the circuits, which might persuade the Supreme Court to address the issue.

NCLA released the following statements:

“Christopher Gibson will have endured two constitutionally flawed administrative trials, multiple appeals and surrendered six figures in government penalties before a competent court can decide the threshold question of whether his ALJ had the right to try him in the first place. And, he will face a third retrial if he is able to vindicate his rights in a circuit court at the end of his administrative appeal. This is senseless, costly to both the government and its targets, and illogical. NCLA intends to continue to fight to protect similarly situated Americans’ constitutional rights and restore rationality to our system of justice.”

—Peggy Little, NCLA Senior Litigation Counsel

 

“NCLA is disappointed that the Supreme Court chose not to resolve this jurisdictional issue that is preventing lower courts from even addressing the important constitutional question at issue, but we are not giving up. Christopher Gibson and others like him should not have to pony up six-figure fines to the SEC before an Article III federal court ever even hears the merits of their valid constitutional claims.”

—Mark Chenoweth, Executive Director and General Counsel, NCLA

ABOUT NCLA

NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State. NCLA’s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans’ fundamental rights.

 

 

 

###

 

 



Judy Pino
New Civil Liberties Alliance
202-869-5218
[email protected]

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SOLARWINDS ALERT: Bragar Eagel & Squire, P.C. Announces That a Class Action Lawsuit Has Been Filed Against SolarWinds Corporation and Encourages Investors to Contact the Firm

SOLARWINDS ALERT: Bragar Eagel & Squire, P.C. Announces That a Class Action Lawsuit Has Been Filed Against SolarWinds Corporation and Encourages Investors to Contact the Firm

NEW YORK–(BUSINESS WIRE)–
Bragar Eagel & Squire, P.C., a nationally recognized shareholder rights law firm, announces that a class action lawsuit has been filed in the United States District Court for the Western District of Texas on behalf of investors that purchased SolarWinds Corporation (NYSE: SWI) securities between February 24, 2020 and December 15, 2020 (the “Class Period”). Investors have until March 5, 2021 to apply to the Court to be appointed as lead plaintiff in the lawsuit.

Click here to participate in the action.

On December 15, 2020, Reuters published an article stating that, last year, security researcher Vinoth Kumar “alerted the company that anyone could access SolarWinds’ update server by using the password ‘solarwinds123.’” The article also disclosed that, according to Kyle Hanslovan, the cofounder of Maryland-based cybersecurity company Huntress, “days after SolarWinds realized their software had been compromised, the malicious updates were still available for download.”

On this news, the Company’s shares fell $1.56 per share or 8% to close at $18.06 per share on December 15, 2020.

The complaint, filed on January 4, 2021, alleges that defendants throughout the Class Period made false and/or misleading statements and/or failed to disclose that: (1) since mid-2020, SolarWinds Orion monitoring products had a vulnerability that allowed hackers to compromise the server upon which the products ran; (2) SolarWinds’ update server had an easily accessible password of ‘solarwinds123’; (3) consequently, SolarWinds’ customers, including, among others, the Federal Government, Microsoft, Cisco, and Nvidia, would be vulnerable to hacks; (4) as a result, the Company would suffer significant reputational harm; and (5) as a result, Defendants’ statements about SolarWinds’s business, operations and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.

If you purchased SolarWinds securities during the Class Period and suffered a loss, are a long-term stockholder have information, would like to learn more about these claims, or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Brandon Walker, Melissa Fortunato, or Marion Passmore by email at [email protected], telephone at (212) 355-4648, or by filling out this contact form.  There is no cost or obligation to you.

About Bragar Eagel & Squire, P.C.:

Bragar Eagel & Squire, P.C. is a nationally recognized law firm with offices in New York, California, and South Carolina. The firm represents individual and institutional investors in commercial, securities, derivative, and other complex litigation in state and federal courts across the country. For more information about the firm, please visit www.bespc.com.  Attorney advertising.  Prior results do not guarantee similar outcomes. 

Bragar Eagel & Squire, P.C.

Brandon Walker, Esq.

Melissa Fortunato, Esq.

Marion Passmore, Esq.

(212) 355-4648

[email protected]

www.bespc.com

KEYWORDS: New York United States North America

INDUSTRY KEYWORDS: Legal Professional Services

MEDIA:

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MAGNITE ALERT: Bragar Eagel & Squire, P.C. is Investigating Magnite, Inc. on Behalf of Magnite Stockholders and Encourages Investors to Contact the Firm

MAGNITE ALERT: Bragar Eagel & Squire, P.C. is Investigating Magnite, Inc. on Behalf of Magnite Stockholders and Encourages Investors to Contact the Firm

NEW YORK–(BUSINESS WIRE)–
Bragar Eagel & Squire, P.C., a nationally recognized shareholder rights law firm, is investigating potential claims against Magnite, Inc. (NASDAQ: MGNI) on behalf of Magnite stockholders. Our investigation concerns whether Magnite has violated the federal securities laws and/or engaged in other unlawful business practices.

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On January 7, 2021, analyst Spruce Point Capital Management (“Spruce Point”) published a research report concerning Magnite. The Spruce Point report asserted that the Company’s “investors are being misguided by Magnite’s growth prospects and see 25%-50% downside,” and that Magnite “continued to mask challenges with inaccurate financial reporting.”

On this news, Magnite’s stock price fell $1.70 per share, or 6.22%, to close at $25.61 per share on January 7, 2021.

If you purchased or otherwise acquired Magnite shares and suffered a loss, are a long term stockholder, have information, would like to learn more about these claims, or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Brandon Walker, Melissa Fortunato, or Marion Passmore by email at [email protected], or telephone at (212) 355-4648, or by filling out this contact form. There is no cost or obligation to you.

About Bragar Eagel & Squire, P.C.:

Bragar Eagel & Squire, P.C. is a nationally recognized law firm with offices in New York, California, and South Carolina. The firm represents individual and institutional investors in commercial, securities, derivative, and other complex litigation in state and federal courts across the country. For more information about the firm, please visit www.bespc.com. Attorney advertising. Prior results do not guarantee similar outcomes.

Bragar Eagel & Squire, P.C.

Brandon Walker, Esq.

Melissa Fortunato, Esq.

Marion Passmore, Esq.

(212) 355-4648

[email protected]

www.bespc.com

KEYWORDS: New York United States North America

INDUSTRY KEYWORDS: Legal Professional Services

MEDIA:

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Decision Strategy Innovator Provides Tips on Self-trust, Resilience and Potentials for Triumph in her new Self-Help/Business Book

Author Danute Debney Shaw encourages readers to develop self-trust and critical awareness to deepen their decision strategy innovation in her debut book, ‘How The Tin Man Found His Brain’

ALBUQUERQUE, N.M., Jan. 11, 2021 (GLOBE NEWSWIRE) — While sharing stories of her personal and professional journey through life and its twists and turns, author of “How The Tin Man Found His Brain: One Attorney’s Path For Perceptual Development”, Danute Debney Shaw takes readers on their own journey of self-awareness and personal power, as they come to discover and confront the lions and tigers and bears.

From illustrations of her family’s struggles to survive WW2 in Europe to the humorous antics of trying to pass an attorney bar, along with providing summary points for personal and professional development in her new book, Debney Shaw unfolds examples to inspire, foster and support readers’ subjective power of decision-making and ultimate resilience.

By guiding readers through a proposed paradigmatic shift in thinking and awareness: from thinking “outside in” to beginning by thinking “inside out”, she encourages everyone to look to their own riches; their intuitive, rational and creative capabilities, with a healthy dose of emotional intelligence. With these tools, greater resources can be discovered: solutions to problems may be found, and exciting possibilities engaged.

Drawing upon her combined background in management, organization, facilitation and federal law practice over the course of the last 25 plus years, as well as in the inspirations and insights obtained from family, friends and colleagues, Debney Shaw draws a picture of possibility and hope in some of the most challenging of times everyone is living in today.

“How The Tin Man Found His Brain: One Attorney’s Path For Perceptual Development”

ISBN: 978-1-9822-4114-8 (softcover); 978-1-9822-4113-1 (hardcover); 978-1-9822-4112-4 (e-book)

Available at the Balboa Press Online Bookstore, Amazon and Barnes & Noble.

About the author

Danute Debney Shaw works in the area of decision strategy innovation – thought and process development, through her company, CelaPhontus. She speaks, writes, conducts trainings and workshops, and consults, for business, corporate and personal development.  Debney Shaw is also a content contributor to the platform and app, myHealthyYou, which will be launched in 2021. To connect with Debney Shaw regarding her book, “How The Tin Man Found His Brain,” please visit her website: https://www.danutedebneyshaw.net/, or https://celaphontus.com/.

About Balboa Press

Balboa Press, a division of Hay House, Inc. – a leading provider in publishing products that specialize in self-help and the mind, body, and spirit genres. Through an alliance with the worldwide self-publishing leader Author Solutions, LLC, authors benefit from the leadership of Hay House Publishing and the speed-to-market advantages of the self-publishing model. For more information, visit balboapress.com. To start publishing your book with Balboa Press, call 877-407-4847 today.

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