On February 4, 2025, the Delaware Supreme Court overturned a Superior Court decision finding an SEC investigation and securities class action involving Alexion Pharmaceuticals, Inc. to be unrelated. 

The Supreme Court clarified that while “meaningful linkage” was the operative test, the lower court had misapplied it by comparing the class action and SEC subpoena, instead of the class action and wrongful acts alleged by the SEC as part of its investigation.

KBR attorneys Neil A. Fox and Scott A. Schechter authored the KBR Client Advisory, “Delaware Supreme Court Applies ‘Meaningful Linkage’ Test for Related Claims in Win for Insurers.”

Read more here: https://conta.cc/3D5HCCx