In Macquarie Infrastructure Corp. v. Moab Partners, L.P., the Supreme Court held that an issuer’s nondisclosure of information required by Item 303 of Regulation S-K cannot support a cl...
In an en banc 6-5 decision, the Ninth Circuit upheld a forum selection clause in Gap’s bylaws that requires all claims brought on behalf of the company to be filed in Delaware state cou...
The Delaware Court of Chancery’s recent decision expands potential Caremark liability to officers for oversight failures, and we can expect to see an increase in books and records deman...
On December 26, 2018, the Ninth Circuit issued a decision in a shareholder derivative action that alleged that Disney’s board of directors and several corporate officers participated in...
On June 13, 2018, the Ninth Circuit determined that where a shareholder of a Delaware corporation challenges a routine board decision in a derivative action, the shareholder must make a p...
Decision Yesterday and Two Denials of Certiorari Today Decline to Apply American Pipe Tolling to Statutes of Repose Under Both the ’33 Act and ’34 Act
On June 26, 2017, the United St...
Not surprisingly, the many media and political reactions to the PHH Corp. v. CFPB decision have reflected the competing stakeholder interests around every aspect of the CFPB.In this memor...
On June 9, 2016, New York’s highest court issued an important decision on the “common interest doctrine,” limiting the circumstances in which parties with common legal interests may...
On June 25, 2014, in Fifth Third Bancorp et al. v. Dudenhoeffer et al., the U.S. Supreme Court unanimously overturned the presumption of prudence that has been applied in “stock drop”...
Earlier today, the United States Court of Appeals for the Second Circuit issued the following decision in the
City of Pontiac Policemen’s & Firemen’s Ret. Sys. et al. v. UBS AG et al...
