Saxena White Wins Motion to Dismiss Against ModusLink Global Solutions

Saxena White, serving as sole Lead Counsel, recently defeated Defendants’ Motion to Dismiss in the action styled Collier v. ModusLink Global Solutions, Inc., et al., C.A. No. 12-11044-DJC (D. Mass.).  In noting that Defendants’ primary challenge to Plaintiffs’ complaint was whether Plaintiffs had demonstrated that the Individual Defendants acted with the requisite state of mind, the Honorable Denise J. Casper held: “Plaintiffs have . . . not only provided the Court with allegations by confidential witnesses that support a contemporaneous knowledge of the alleged wrongdoing as well as motive and opportunity allegations, but have also provided the Court with a litany of other allegations bearing on the issue of scienter.”  Judge Casper accordingly denied Defendants’ motion in its entirety, finding that “plaintiffs have stated a claim under Section 10(b) and Rule 10b-5,” and “have adequately pled their Section 20(a) claim.”  The action remains pending before Judge Casper.