Skip to main content

No. 20-222October Term 2020Decided Jun 21, 2021

Docket 20-222October Term 2020 (2020–2021)

Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System

The key question is how hard it should be for Goldman to show that its statements did not move the market price of its stock.

Case status

Current stage
Decided
Latest event
Decision released Jun 21, 2021
Case Accepted
Arguments
Decision ReleasedJun 21, 2021
What it's about

Investors claimed Goldman Sachs kept its stock price artificially high by making broad, misleading statements about how well it managed conflicts of interest. The Supreme Court considered what a defendant can show at the class-certification stage to prove those statements did not affect the stock price, and who bears the burden of proving that point.

Question presented

1. Whether a defendant in a securities class action may rebut the presumption of classwide reliance recognized in Basic Inc. v. Levinson, 485 U.S. 224 (1988), by pointing to the generic nature of the alleged misstatements in showing that the statements had no impact on the price of the security, even though that evidence is also relevant to the substantive element of materiality. 2. Whether a defendant seeking to rebut the Basic presumption has only a burden of production or also the ultimate burden of persuasion.

Case path

United States Court of Appeals for the Second Circuit / Decision released Jun 21, 2021

Area

Business and Regulation

Briefing

What it's about

Investors say Goldman Sachs kept its stock price artificially high with broad statements about how well it managed conflicts of interest. The Supreme Court is being asked what Goldman can show at the group-lawsuit stage to argue those statements did not affect the stock price, and who must prove that point.

Vote

Oral argument has not been scheduled yet. Goldman says generic statements should help show no stock-price impact and argues over who bears the burden, while investors say those points should not block the case so early.

Impact

The answer could change how easy it is for investors to bring securities fraud cases as class actions. Public companies, pension funds, and retirement investors could all be affected, especially when the disputed statements are general rather than specific.

What's next

Watch for oral argument or another scheduling move from the Court. The next major milestone is a hearing date, and the prompt does not provide a decision window.

What is the core dispute in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System?

The Court is weighing what evidence Goldman can use to show its broad statements did not affect its stock price. It is also considering who must prove that point.

Why could this case matter beyond Goldman Sachs?

It could shape whether investors can more easily sue as a group in securities fraud cases. That matters for pension funds, retirement systems, and public companies.

What should people watch for next in this case?

The next step is a scheduling move, especially whether the Court sets oral argument. The prompt does not give a likely decision date.

Decision

Decision record

What the Court decided

The key question is how hard it should be for Goldman to show that its statements did not move the market price of its stock.

Impact

The answer could change how easy it is for investors to bring securities fraud cases as class actions. Public companies, pension funds, and retirement investors could all be affected, especially when the disputed statements are general rather than specific.

Not official Court text.

Opinion documents

Timing

Decided June 21, 2021

The Court released its decision on June 21, 2021 without hearing oral argument.