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ZAK v. CHELSEA THERAPEUTICS INTERN., LTD.

No. 13-2370.

780 F.3d 597 (2015)

Roman ZAK, Individually and On Behalf of All Others Similarly Situated, Plaintiff-Appellant, and Cameron McIntyre, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. CHELSEA THERAPEUTICS INTERNATIONAL, LTD.; Simon Pedder; William D. Schwieterman, Defendants-Appellees, and L. Arthur Hewitt; J. Nick Riehle, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 16, 2015.

Attorney(s) appearing for the Case

ARGUED: Richard William Gonnello , Faruqi & Faruqi, LLP, New York, New York, for Appellant. Barry M. Kaplan , Wilson Sonsini Goodrich & Rosati, Seattle, Washington, for Appellees. ON BRIEF: Lee M. Whitman , Tobias S. Hampson , Wyrick Robbins Yates & Ponton LLP, Raleigh, North Carolina; Gregory L. Watts , Seattle, Washington, Ignacio E. Salceda , Cheryl W. Foung , Wilson Sonsini Goodrich & Roasati, Palo Alto, California, for Appellees Chelsea Therapeutics International, Ltd., Simon Pedder, and William D. Schwieterman.

Vacated and remanded by published opinion. Judge KEENAN wrote the opinion, in which Chief Judge TRAXLER joined. Judge THACKER wrote a separate dissenting opinion.

The plaintiffs in this case claim that Chelsea Therapeutics International, LTD. (Chelsea) and several of its corporate officers1 (collectively, the defendants) violated Section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act), 15 U.S.C. § 78j(b).

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