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美国最高法院将审理Slack直接股票上市的争议

去年，一家下级法院裁定，一位名叫菲亚兹·皮拉尼(Fiyyaz Pirani)的投资者可以对该公司及其高管提起集体诉讼，而无需证明他在Slack直接上市时购买的股票是注册的，而不是未注册的。

  • 路透
  • 美国东部时间2022年12月14日07:40
文件图片:2019年6月20日，Slack Technologies Inc.在美国纽约上市期间，在纽约证券交易所(NYSE)的地板上展示了该公司的标志。路透/丹McDermid
文件图片:2019年6月20日，Slack Technologies Inc.在美国纽约上市期间，在纽约证券交易所(NYSE)的地板上展示了该公司的标志。路透/丹McDermid
乔迪·戈多伊著

周二，美国最高法院同意审理此案Slack技术公司，部分Salesforce公司为了避免被指控在2019年直接上市(首次公开募股的另一种选择)中存在虚假陈述的诉讼。

法官们以旧金山为基地松弛去年，一家下级法院裁定，一位名叫菲亚兹·皮拉尼(Fiyyaz Pirani)的投资者可以对该公司及其高管提起集体诉讼，而无需证明他在Slack直接上市时购买的股票是注册的，而不是未注册的。

这家公司被Salesforce去年，该公司以277亿美元的现金和股票上市，成为美国证券交易委员会2018年批准这一程序后，首批直接上市的公司之一。

在首次公开发行(ipo)中，内部人士最初往往被限制出售自己的股份。在直接上市中，投资者可以同时购买未记名内部人股份和根据发行材料发行的记名股份。

由于经纪人不区分它们，实际上不可能知道在直接上市中购买的股票是否已注册。

2019年6月，Slack注册了1.18亿股股票进行转售，另外还有1.65亿股免于注册的股票进行交易。

几个月后，在该公司披露服务中断导致820万美元的收入损失后，投资者向旧金山的一家联邦法院提起了诉讼。他们表示，Slack提供的材料具有误导性，没有披露宕机问题以及竞争对手微软(Microsoft Corp .) Teams应用程序的实力。

总部位于旧金山的美国第九巡回上诉法院裁定，该案件可以继续进行，驳回了Slack的论点，即皮拉尼只有在能够证明他所拥有的股票是根据所谓的误导性发行材料注册的情况下才能起诉。

美国第九巡回上诉法院裁定，阻止直接上市投资者提起诉讼将在美国证券法中制造一个"漏洞"，并激励公司使用这种方法来避免对过于乐观的索赔承担责任。

Slack在向最高法院的上诉中表示，第九巡回上诉法院的裁决与其他法院的裁决相冲突，将允许投资者就发行材料提起诉讼，而无需追踪他们的股票到适用的发行。

皮拉尼在法庭文件中写道，以前的案件涉及连续上市，而第九巡回法院是第一个考虑直接上市的案件。

美国商会(U.S. Chamber of Commerce)的商业游说团体提交了一份支持Slack的简报，而一群养老基金则敦促最高法院让第九巡回上诉法院的裁决生效。

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FILE PHOTO: The Slack Technologies Inc. logo is seen on a display on the floor of the New York Stock Exchange (NYSE) during the company's IPO in New York, U.S. June 20, 2019. REUTERS\/Brendan McDermid<\/span><\/figcaption><\/figure>By Jody Godoy<\/strong>

The U.S. Supreme Court on Tuesday agreed to hear a bid by Slack Technologies Inc<\/a>, part of Salesforce Inc<\/a>, to avoid a lawsuit accusing the workplace communication software company of misstatements in its 2019 direct listing - an alternative to an initial public offering.

The justices took up San Francisco-based Slack<\/a>'s appeal of a lower court's ruling last year that an investor named Fiyyaz Pirani could pursue a class action lawsuit against the company and its executives without proving the shares he bought in Slack's direct listing were registered, rather than unregistered.

<\/div><\/div>The company, acquired by Salesforce<\/a> last year for $27.7 billion in cash and stock, was among the first to offer shares in a direct listing after the U.S. Securities and Exchange Commission approved the process in 2018.

In initial public offerings, insiders are often restricted initially from selling their shares. In direct listings, unregistered insider shares and registered shares issued pursuant to offering materials are available to investors at the same time.

Because brokers do not differentiate between them, it is practically impossible to know whether a share purchased in a direct listing was registered or not.

In June 2019, Slack registered 118 million shares for resale, allowing 165 million more shares exempt from registration to be traded.

Months later, investors sued in a federal court in San Francisco after the company revealed an $8.2 million revenue hit tied to service outages. They said Slack's offering materials misleadingly failed to disclose downtime issues and the strength of competitor Microsoft Corp's Teams application.

The San Francisco-based 9th U.S. Circuit Court of Appeals ruled that the case could go forward, rejecting Slack's argument that Pirani could sue only if he could show that the shares he owned were registered under the allegedly misleading offering materials.

<\/div><\/div>The 9th Circuit ruled that blocking lawsuits by investors in direct listings would create a \"loophole\" in U.S. securities law and incentivize companies to use the method to avoid liability for overly optimistic claims.

In its appeal to the Supreme Court, Slack said the 9th Circuit's ruling conflicted with decisions by other courts and would allow investors to sue over offering materials without tracing their stock back to the applicable offering.

Pirani wrote in court papers that previous cases dealt with successive offerings and that the 9th Circuit was the first to consider direct listings.

The U.S. Chamber of Commerce business lobby filed a brief in support of Slack, while a group of pension funds urged the Supreme Court to let the 9th Circuit ruling stand.
<\/div><\/div>
Follow and connect with us on Twitter<\/a>, Facebook<\/a>, Linkedin<\/a>, Youtube<\/a><\/div>","NumberOfSentences":{"minfo":"14.0","minfoseo":"14-0"},"AutomatedReadabilityIndex":{"minfo":"14.0","minfoseo":"14-0"},"LastPublishMilliTime":{"minfo":"1670984005639","minfoseo":"1670984005639"},"ReadabilityGradeLevel":{"minfo":"College","minfoseo":"college"},"HashCode":{"minfo":"-1856875515","minfoseo":"-1856875515"},"latestnewsflag":{"minfo":"1.0","minfoseo":"1-0"},"NumberOfCharacters":{"minfo":"2704.0","minfoseo":"2704-0"},"NumberOfWords":{"minfo":"424.0","minfoseo":"424-0"},"key":{"0":{"keyid":"1815769","value":"Slack","smid":"0","keynameseo":"Slack","keytype":"","keycount":"totalcount","weightage":"100"},"1":{"keyid":"4125834","value":"slack technologies inc","smid":"0","keynameseo":"slack-technologies-inc","keytype":"","keycount":"totalcount","weightage":"50"},"2":{"keyid":"2572881","value":"salesforce inc","smid":"0","keynameseo":"salesforce-inc","keytype":"","keycount":"totalcount","weightage":"50"},"3":{"keyid":"155484","value":"salesforce","smid":"0","keynameseo":"salesforce","keytype":"","keycount":"totalcount","weightage":"50"},"4":{"keyid":"15779018","value":"Slack stock listing","smid":"0","keynameseo":"Slack-stock-listing","keytype":"","keycount":"totalcount","weightage":"20"},"6":{"keyid":"6356001","value":"International","smid":"0","keynameseo":"International","keytype":"","keycount":"totalcount","weightage":"20"}},"similarlytagged":[{"msid":"96212454","stname":"U.S. Supreme Court to hear dispute over Slack's direct stock listing","artsyn":"The justices took up San Francisco-based Slack's appeal of a lower court's ruling last year that an investor named Fiyyaz Pirani could pursue a class action lawsuit against the company and its executives without proving the shares he bought in Slack's direct listing were registered, rather than unregistered.","seolocation":"telecomnews\/u-s-supreme-court-to-hear-dispute-over-slacks-direct-stock-listing","seolocationalt":"U.S. Supreme Court to hear dispute over Slack's direct stock listing","url_seo":"u-s-supreme-court-to-hear-dispute-over-slacks-direct-stock-listing"},{"msid":"96185734","stname":"Microsoft seeks to settle EU antitrust concerns over Teams","artsyn":"The move, which may head off the opening of a formal EU antitrust investigation, underscores once again Microsoft's new preference for working out issues with regulators rather than jousting with them as it did in the previous decade.","seolocation":"telecomnews\/microsoft-seeks-to-settle-eu-antitrust-concerns-over-teams","seolocationalt":"Microsoft seeks to settle EU antitrust concerns over Teams","url_seo":"microsoft-seeks-to-settle-eu-antitrust-concerns-over-teams"},{"msid":"96016442","stname":"Slack CEO Butterfield to depart next month","artsyn":"Lidiane Jones, who is the senior vice-president of product management for Salesforce Commerce Cloud, will take over as CEO of Slack, a company spokesperson said.","seolocation":"telecomnews\/slack-ceo-butterfield-to-depart-next-month","seolocationalt":"Slack CEO Butterfield to depart next month","url_seo":"slack-ceo-butterfield-to-depart-next-month"},{"msid":"95752490","stname":"EU antitrust regulators ramp up Microsoft scrutiny, probe likely","artsyn":"Last year, Slack complained to the European Commission, saying that Microsoft has unfairly integrated its workplace chat and video app Teams into its Office product. 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Agrawal, who had served as chief technology officer, is expected to bring a greater focus on engineering to the company.","seolocation":"telecomnews\/twitter-acquires-slack-like-company-quill-to-improve-messaging-tools","seolocationalt":"Twitter acquires Slack-like company Quill to improve messaging tools","url_seo":"twitter-acquires-slack-like-company-quill-to-improve-messaging-tools"},"88155457":{"msid":"88155457","stname":"Apple's alleged restriction on workers' Slack use sparks labor complaint","artsyn":"Slack, which allows individuals to create on-the-fly group conversations, was rolled out a few years ago by Apple and has become increasingly popular as a discussion forum during the pandemic, multiple employees have said.","seolocation":"telecomnews\/apples-alleged-restriction-on-workers-slack-use-sparks-labor-complaint","seolocationalt":"Apple's alleged restriction on workers' Slack use sparks labor complaint","url_seo":"apples-alleged-restriction-on-workers-slack-use-sparks-labor-complaint"},"87696662":{"msid":"87696662","stname":"How to use internet better? Post less, chat more","artsyn":"Many of the problems that people identify with social media can be traced not to chats but feeds. It\u2019s too stimulating. It\u2019s too boring. It makes us loathe ourselves...","seolocation":"telecomnews\/how-to-use-internet-better-post-less-chat-more","seolocationalt":"How to use internet better? Post less, chat more","url_seo":"how-to-use-internet-better-post-less-chat-more"},"86882320":{"msid":"86882320","stname":"EU questions Microsoft rivals over Teams integration in Office","artsyn":"In a questionnaire sent to rivals and seen by Reuters, the European Commission is focusing on the period 2016 to 2021. Microsoft introduced Teams in early 2017 to compete with Slack and others in the fast-growing workplace collaboration market.","seolocation":"telecomnews\/eu-questions-microsoft-rivals-over-teams-integration-in-office","seolocationalt":"EU questions Microsoft rivals over Teams integration in Office","url_seo":"eu-questions-microsoft-rivals-over-teams-integration-in-office"},"86415543":{"msid":"86415543","stname":"India a priority market, will continue to see growth here: Salesforce","artsyn":"Recently, Salesforce's venture capital arm -- Salesforce Ventures -- invested an undisclosed amount in Indian fintech firm Razorpay. Salesforce Ventures has invested in many companies in India, including Hashnode and Darwinbox.","seolocation":"telecomnews\/india-a-priority-market-will-continue-to-see-growth-here-salesforce","seolocationalt":"India a priority market, will continue to see growth here: Salesforce","url_seo":"india-a-priority-market-will-continue-to-see-growth-here-salesforce"},"82050066":{"msid":"82050066","stname":"Zoho launches Qntrl","artsyn":"Zoho Corporation on Tuesday launched a new business division Qntrl (pronounced control) that workflows delivers solutions.","seolocation":"telecomnews\/zoho-launches-qntrl","seolocationalt":"Zoho launches Qntrl","url_seo":"zoho-launches-qntrl"},"81681322":{"msid":"81681322","stname":"Slack to fix error in new direct messaging feature over harassment concerns","artsyn":"After rolling out the feature, Slack received feedback from users about how email invitations to use the feature could potentially be used to send abusive or harassing messages, Jonathan Prince, vice president of communications and policy at Slack, said in a statement.","seolocation":"telecomnews\/slack-to-fix-error-in-new-direct-messaging-feature-over-harassment-concerns","seolocationalt":"Slack to fix error in new direct messaging feature over harassment concerns","url_seo":"slack-to-fix-error-in-new-direct-messaging-feature-over-harassment-concerns"},"81663457":{"msid":"81663457","stname":"Silicon Valley firms in no hurry to open up offices despite easing of virus ban","artsyn":"Starting Wednesday, companies in San Francisco and Santa Clara are allowed to open up their offices for up to a quarter of their capacity.","seolocation":"telecomnews\/silicon-valley-firms-in-no-hurry-to-open-up-offices-despite-easing-of-virus-ban","seolocationalt":"Silicon Valley firms in no hurry to open up offices despite easing of virus ban","url_seo":"silicon-valley-firms-in-no-hurry-to-open-up-offices-despite-easing-of-virus-ban"},"81322507":{"msid":"81322507","stname":"Zoom recovers from hours-long outage, says issues were likely due to local internet glitch","artsyn":"Outage tracking website Downdetector.com showed nearly 2,000 incidents of people reporting issues with Zoom at its peak at 9 a.m. ET.","seolocation":"telecomnews\/zoom-recovers-from-hours-long-outage-says-issues-were-likely-due-to-local-internet-glitch","seolocationalt":"Zoom recovers from hours-long outage, says issues were likely due to local internet glitch","url_seo":"zoom-recovers-from-hours-long-outage-says-issues-were-likely-due-to-local-internet-glitch"},"81082101":{"msid":"81082101","stname":"Microsoft says Teams app technical issue mostly resolved","artsyn":"The glitch, which was caused by a potential networking issue, affected users in the Americas, the company had said.","seolocation":"telecomnews\/microsoft-says-teams-app-technical-issue-mostly-resolved","seolocationalt":"Microsoft says Teams app technical issue mostly resolved","url_seo":"microsoft-says-teams-app-technical-issue-mostly-resolved"},"80472718":{"msid":"80472718","stname":"Widespread internet outage hits U.S. East Coast","artsyn":"Verizon, a major broadband services provider in the United States, alerted users about a fiber cut in Brooklyn.","seolocation":"telecomnews\/widespread-internet-outage-hits-u-s-east-coast","seolocationalt":"Widespread internet outage hits U.S. East Coast","url_seo":"widespread-internet-outage-hits-u-s-east-coast"}}}}" data-news-images="[{"msid":"96212470","msname":"The Slack Technologies Inc. logo is seen on a display at New York Stock Exchange (NYSE) during the company's IPO in New York","msnameseo":"the-slack-technologies-inc-logo-is-seen-on-a-display-at-new-york-stock-exchange-nyse-during-the-companys-ipo-in-new-york","mediatype":"44","artdate":"2022-12-13 21:40:00.0","caption":" FILE PHOTO: The Slack Technologies Inc. logo is seen on a display on the floor of the New York Stock Exchange (NYSE) during the company's IPO in New York, U.S. June 20, 2019. REUTERS\/Brendan McDermid"}]" data-newsletter-by="0" data-newsletter-date="a" data-hasbottomcarousel="" data-alldetailsopen="0" data-multipleanalyticshit="" data-deeplink="https://ettelecom.app.link?$deeplink_path=" data-socialshareformat="default">
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