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17 Feb 8:00 am
We are discussing Norfolk County Retirement System v. Jos A. Bank Clothiers. This would, at first blush, seem to be an ordinary matter, involving little controversy. The Company was sued under federal law for assorted
statements alleged to have been falsely made during late 2005 through mid-2006. Plaintiff filed a derivative suit arising out of the same behavior. The derivative suit was dismissed and
the Company formed a special ...
17 Feb 5:00 am
... of vindicating their rights. With all of that in mind, we turn to the most recent example of the approach used by Delaware courts to limit shareholder access to information. The
matter arose in Norfolk County Retirement System v. Jos. A. Bank Clothiers, Inc., Civil Action No. 3443-VCP (Del. Ch. Feb. 12, 2009). We will discuss the case in the next post. As usual, we have posted the opinion and the
primary material on the DU Corporate ...
18 Nov 12:51 pm
A California class action discrimination lawsuit was filed against Jos. A. Bank Clothiers Inc. yesterday, by an ex-employee, alleging racial discrimination against African-American employees in over 140 stores across the western region of
the United States. Casey Stewart alleges that as a black employee, he was treated differently from white employees--by being denied payment increases, promotions, enduring hour ...
17 Feb 11:00 am
... a "reasonable basis" for challenging the special litigation committee process. In that context, Norfolk has not demonstrated a reasonable basis for believing that Jos.
A. Bank was not adequately represented by the prior derivative plaintiff or the SLC. As in Grimes, Norfolk
has received documents that "should suffice for the purposes of establishing or raising reasonable grounds for suspicions about a special committee's independence, good faith ...
13 Aug 2:17 pm
... allows the identity of an anonymous deponent to be revealed to the litigants in the case. Lefkoe v. Jos. A. Bank Clothiers, Inc., No. 08-2059 (4th Cir. Aug. 13, 2009) ... taken and the lawyers were sworn to secrecy about Doe
Client's identity. Jos. A. Bank's outside counsel then filed a motion in the Maryland district court
... permit further discovery from the Doe Client. Despite the Doe Client's opposition to Jos. A. Bank's motion, the Maryland district court modified the protective order by making ...
14 Aug 7:23 am
We'll probably never know the identity of the Appellant in Lefkoe v. Jos. A. Bank Clothiers, Inc., decided yesterday by the Fourth Circuit. Whether anyone, including the Defendant, was entitled to know that person's ... conclusion of the
investigation was that the charges were "without substance." In the securities lawsuit, filed in federal court in Maryland, Bank sent a
subpoena to the law firm seeking to require it to present a witness to testify as to the identity of its client. The subpoena was ...
18 Feb 7:56 pm
Norfolk County Retirement System v. Jos. A. Bank Clothiers,
Inc., (Del. Ch., Feb. 12, 2009), read opinion here. This Delaware Chancery Court decision denied a demand for books and records under Section 220 of the Delaware General Corporation ...
it had a right under 8 Del. C. § 220 to inspect certain books and records of defendant Jos. A. Bank
Clothiers (the "Company"). While the events in question in this dispute occurred during the period from December 2005 through June 2006, it ...
12 Feb 12:15 pm
Norfolk Country Retirement System v. Jos. A. Bank Clothiers, Inc., C.A. 3443-VCP (Del. Ch. Feb. 12, 2009) Repeated books and records demands by different stockholders should
be viewed favorably. When, as here, a special litigation committee (SLC) has reviewed the conduct sought to be investigated by the plaintiff, and the independence and diligence of the
SLC cannot be fairly questioned, then a stockholder who demands inspection may receive the SLC ...
12 Feb 12:15 pm
Norfolk Country Retirement System v. Jos. A. Bank Clothiers, Inc., C.A. 3443-VCP (Del. Ch. Feb. 12, 2009) Repeated books and records demands by different stockholders should
be viewed favorably. When, as here, a special litigation committee (SLC) has reviewed the conduct sought to be investigated by the plaintiff, and the independence and diligence of the
SLC cannot be fairly questioned, then a stockholder who demands inspection may receive the SLC ...
13 Aug 11:14 pm
... s clothing maker's secret critic could keep her/its/his name out of the lawsuit. She/it/he couldn't, they said -- at least not all the way. Yet we still don't know her/its/his
moniker. Lefkoe v. Jos. A. Bank Clothiers, Inc., No.
08-2059 (4th Cir. Aug. 13, 2009). You'll note that all went well because Judge A made a ruling but then said Judge B could change or update it as Judge B saw fit. Which foresight and
kindness ...
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