No. 24-1151

BDO USA, LLP v. New England Carpenters Guaranteed Annuity and Pension Funds, et al.

Lower Court: Second Circuit
Docketed: 2025-05-09
Status: Denied
Type: Paid
Amici (5)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: auditing-standards fact-specific-analysis financial-misstatement materiality-standard professional-compliance securities-fraud
Latest Conference: 2025-09-29 (distributed 2 times)
Question Presented (from Petition)

Whether the materiality requirement for securities fraud liability is satisfied per se by an auditor's statement of compliance with professional standards (as the Second Circuit held below), or whether materiality in this context requires a fact-specific analysis focused on the link between the allegedly false compliance statement and actual misstatements of financial information (as the Sixth Circuit has held).

Question Presented (AI Summary)

Whether the materiality requirement for securities fraud liability is satisfied per se by an auditor's statement of compliance with professional standards, or whether materiality in this context requires a fact-specific analysis focused on the link between the allegedly false compliance statement and actual misstatements of financial information

Docket Entries

2025-10-06
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2025-08-27
DISTRIBUTED for Conference of 9/29/2025.
2025-08-26
Reply of petitioner BDO USA, LLP filed. (Distributed)
2025-08-26
2025-08-13
Brief of respondents New England Carpenters Guaranteed Annuity and Pension Funds, et al. in opposition filed.
2025-08-13
Brief of New England Carpenters Guaranteed Annuity and Pension Funds, et al. in opposition submitted.
2025-06-18
Motion to extend the time to file a response is granted and the time is extended to and including August 13, 2025.
2025-06-16
Motion to extend the time to file a response from July 14, 2025 to August 13, 2025, submitted to The Clerk.
2025-06-16
Motion of New England Carpenters Guaranteed Annuity and Pension Funds, et al. for an extension of time submitted.
2025-06-12
Response Requested. (Due July 14, 2025)
2025-06-10
DISTRIBUTED for Conference of 6/26/2025.
2025-06-09
Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
2025-06-09
Brief amici curiae of American Institute of Certified Public Accountants, et al. filed. (Distributed)
2025-06-09
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
2025-06-09
Brief amici curiae of American Institute of Certified Public Accountants et al. filed. (Distributed)
2025-06-09
Brief amici curiae of Joseph A. Grundfest, et al. filed. (Distributed)
2025-06-09
Amicus brief of American Institute of Certified Public Accountants and Center for Audit Quality submitted.
2025-06-09
Amicus brief of Washington Legal Foundation submitted.
2025-06-09
Amicus brief of Chamber of Commerce of the United States of America submitted.
2025-06-09
Amicus brief of Joseph A. Grundfest and Colleen Honigsberg submitted.
2025-06-06
Waiver of right of respondent New England Carpenters Guaranteed Annuity and Pension Funds, et al. to respond filed.
2025-06-06
Waiver of New England Carpenters Guaranteed Annuity and Pension Funds, et al. of right to respond submitted.
2025-05-07
2025-03-28
Application (24A920) granted by Justice Sotomayor extending the time to file until May 7, 2025.
2025-03-21
Application (24A920) to extend the time to file a petition for a writ of certiorari from April 7, 2025 to May 7, 2025, submitted to Justice Sotomayor.

Attorneys

American Institute of Certified Public Accountants and Center for Audit Quality
Lucas Cody TownsendGibson, Dunn & Crutcher LLP, Amicus
BDO USA, LLP
Paul Whitfield HughesMcDermott Will & Emery, Petitioner
Chamber of Commerce of the United States of America
Elaine Janet GoldenbergMunger, Tolles & Olson LLP, Amicus
Joseph A. Grundfest and Colleen Honigsberg
Jamie Lynne WineLatham & Watkins LLP, Amicus
New England Carpenters Guaranteed Annuity and Pension Funds, et al.
Andrew S. LoveRobbins Geller Rudman & Dowd LLP, Respondent
Kevin K. RussellRussell & Woofter LLC, Respondent
Washington Legal Foundation
Robert Mark LoebOrrick, Herrington & Sutcliffe LLP, Amicus