Altimeo Asset Mgmt. v. Qihoo 360 Technology Co. Ltd., No. 20-3074 (2d Cir. 2021)
Annotate this CaseThe Second Circuit vacated the district court's dismissal of a putative class action on behalf of investors who traded Qihoo 360 Technology securities between December 18, 2015, and July 15, 2016. The investors alleged that defendants violated the Exchange Act by, among other things, deceiving investors about the plan to relist the company. The court concluded that the allegations in the complaint were sufficient to survive a motion to dismiss on that ground. In this case, plaintiffs alleged, and provided supporting evidence, that defendants represented to shareholders that there were no plans to relist the company following a shareholder buyout, when in fact the company had such a plan at the time of the buyout. Therefore, plaintiffs adequately alleged a misstatement or omission of material fact. The court remanded for further proceedings.
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