The Bulletin - Winter 2020
Corporate Records Trials Push Developments in Delaware Law
Authors of this newsletter:
In October and November 2019, Kessler Topaz prosecuted two actions under Section 220 of the Delaware General Corporation Law, which […]
Mandatory Arbitration Corporate Bylaws: Will Recent Developments Make These Provisions More Palatable to Companies and Their Shareholders?
Authors of this newsletter: Jennifer Joost
On January 23, 2020, Intuit Inc. shareholders overwhelmingly voted against a proposal to amend Intuit’s bylaws to require investors to […]
Controlling Stockholder Must Answer to EchoStar Corporation’s Minority Stockholders
Authors of this newsletter:
On January 13, 2020, Kessler Topaz defeated a motion to dismiss a breach of fiduciary claim against Charles Ergen (“Ergen”), […]
Working Around Morrison: Stoyas v. Toshiba Corporation Expands Reach of the Exchange Act to Include Unsponsored ADRs and Allows Non-U.S. Investors to Pursue Companion Claims in Federal Court
Authors of this newsletter:
Ten years ago, in Morrison v. National Australia Bank Ltd.,[1] the Supreme Court of the United States clarified that liability […]
Kessler Topaz Meltzer & Check, LLP Wins Groundbreaking ICSID Arbitration Decision, Allowing the Claims of Nearly One Thousand Greek Investors To Move Forward Against The Republic of Cyprus
Authors of this newsletter: Emily Christiansen , Geoffrey Jarvis
On Friday, February 7, 2020 a three member Tribunal of the International Centre for the Settlement of Investment Disputes (“ICSID”) […]
A Win for Pharmaceutical Purchasers in In re Loestrin 24 Fe Antitrust Litigation
Authors of this newsletter: Ethan Barlieb
In December, a class of Direct Purchasers of brand and generic Loestrin 24 Fe (“Loestrin”) settled their antitrust claims against […]
Investors Win Key Victory in Securities Class Action Involving Seaworld Entertainment, Inc.
Authors of this newsletter: Stacey Kaplan
In 2005, the Supreme Court held that a plaintiff in an action brought under Section 10(b) of the Securities Exchange […]
Federal Court Rejects Snap Inc.’s Attempts to Evade Section 11 Liability for Misstatements in Connection With Its IPO
Authors of this newsletter: Stacey Kaplan , Jonathan Neumann
Section 11 of the Securities Act of 1933 (the “Securities Act”) provides a private remedy for investors who purchase shares […]