In the world of securities and corporate governance litigation, we are always in the middle of a reform discussion of some variety. For the past several years, there has been great focus on amendment of corporate bylaws to corral and curtail shareholder corporate-governance claims, principally shareholder challenges to mergers.* Meritless merger litigation is indeed a
Section 220
Top 5 Securities and Corporate Governance Litigation Developments of 2014
By Doug Greene on
Posted in 2nd Circuit, 3rd Circuit, 5th Circuit, 6th Circuit, 7th Circuit, 9th Circuit, Class Certification, Confidential Witnesses, Corporate Governance, Delaware Courts, Fraud-on-the-Market Doctrine, Litigation Reforms, M&A Litigation, Plaintiffs' Bar, SEC, SEC Enforcement, Section 220, Securities Class Action, Shareholder Derivative Action, Statements of Opinion, Supreme Court
This year will be remembered as the year of the Super Bowl of securities litigation, Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), 134 S. Ct. 2398 (2014), the case that finally gave the Supreme Court the opportunity to overrule the fraud-on-the-market presumption of reliance, established in 1988 in Basic v.
Delaware Supreme Court’s Decision in Allergan Won’t Fix the Problem of Multi-Jurisdictional Shareholder Litigation
On April 4, 2013, in the Allergan decision, the Delaware Supreme Court reversed the Court of Chancery’s ruling last year that the dismissal of a shareholder derivative action in California did not preclude other stockholders from bringing the same corporate claim in Delaware. The Delaware Supreme Court’s decision was based on a Constitutional Full Faith…
Looking Ahead: Forthcoming 2013 Securities and Corporate Governance Litigation Developments
This promises to be an eventful year in securities and corporate governance litigation. A number of looming developments have the potential to change the landscape for many years to come. This is the first of two posts – or three, if I get carried away – discussing some of these developments.
The Delaware Supreme Court’s …