Last week, the Ninth Circuit issued a decision that could affect analyses of corporate scienter in securities class actions. The court reversed the dismissal of In re ChinaCast Education Corporation Securities Litigation and held that a malfeasant executive’s knowledge could be imputed to his or her company when the executive acted with apparent authority. The court also observed that, “as a practical matter,” the adverse-interest exception presumptively does not apply in fraud-on-the-market securities class actions... Continue Reading