No. 21-594

Alphabet Inc., et al. v. Rhode Island, Office of the Rhode Island Treasurer on Behalf of the Employees' Retirement System of Rhode Island

Lower Court: Ninth Circuit
Docketed: 2021-10-25
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: annual-filing circuit-split disclosure-requirements forward-looking past-information quarterly-report risk-factors sec-regulations securities-disclosure securities-regulation
Key Terms:
Securities Privacy ClassAction
Latest Conference: 2022-03-04 (distributed 2 times)
Question Presented (AI Summary)

Whether 'risk factors' disclosed in securities filings must disclose only future risks or must also disclose past risks

Question Presented (from Petition)

QUESTION PRESENTED Securities and Exchange Commission regulations require companies to disclose in their annual and quarterly filings “risk factors” that may affect their business. There is a six-circuit split over whether those “risk factors” should be forward-looking only, or also must include past information. The question presented is whether the “risk factors” disclosed in a securities filing must disclose only future risks or must also disclose whether a risk has come to fruition in the past. (i)

Docket Entries

2022-03-07
Petition DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-16
Reply of petitioners Alphabet Inc., et al. filed. (Distributed)
2022-02-02
Brief of respondent Rhode Island, Office of the Rhode Island Treasurer on Behalf of the Employees' Retirement System of Rhode Island in opposition filed.
2021-12-27
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022.
2021-12-24
Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
2021-12-13
Brief amicus curiae of Washington Legal Foundation filed.
2021-12-01
Response Requested. (Due January 3, 2022)
2021-11-24
Brief amici curiae of Chamber of Commerce of the United States, et al. filed. (Distributed)
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-16
Waiver of right of respondents Rhode Island, Office of the Rhode Island to respond filed.
2021-10-21
Petition for a writ of certiorari filed. (Response due November 24, 2021)

Attorneys

Alphabet Inc., et al.
Catherine Emily StetsonHogan Lovells US LLP, Petitioner
Catherine Emily StetsonHogan Lovells US LLP, Petitioner
Chamber of Commerce of the United States, et al.
Jeffrey B. WallSullivan & Cromwell LLP, Amicus
Jeffrey B. WallSullivan & Cromwell LLP, Amicus
Rhode Island, Office of the Rhode Island Treasurer on Behalf of the Employees' Retirement System of Rhode Island
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent
Jason A. ForgeRobbins Geller Rudman & Dowd, Respondent
Jason A. ForgeRobbins Geller Rudman & Dowd, Respondent
Washington Legal Foundation
Lyle RobertsShearman & Sterling LLP, Amicus
Lyle RobertsShearman & Sterling LLP, Amicus