Search for: "In Re Capital One Derivative Shareholder Litigation" Results 1 - 20 of 136
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31 Jan 2024, 9:01 pm by renholding
Given the recent proliferation of these suits, a body of law has developed around the extent to which allegations derived from such reports should be credited on a motion to dismiss. [read post]
23 Jan 2024, 9:01 pm by renholding
The $1 billion settlement – approved by the Southern District of New York on September 8, 2023 – is one of the Top 20 largest of all time. [read post]
16 Jan 2024, 1:19 pm by Kevin LaCroix
The economic harm facing issuers from short attacks and follow-on shareholder litigation is growing and becoming increasingly impactful for other investors as well. [read post]
11 Dec 2023, 9:05 pm by renholding
As articulated in two pre-M&F Worldwide decisions (In re Cox Communications Shareholders Litigation,  and In re MFW Shareholders Litigation, C.A. [read post]
13 Nov 2023, 4:07 am by Peter Mahler
Naturally, the topic was business divorce litigation. [read post]
9 Oct 2023, 2:34 pm by Kevin LaCroix
Litigation Risk Posed by Dividend Recapitalizations Dividend recaps can spawn direct or derivative shareholder actions or, where the portfolio company declares bankruptcy in the wake of a dividend recap, adversary proceedings. [read post]
4 Sep 2023, 5:44 am by Kevin LaCroix
One of the hot button topics for several years has been “ESG” – which [read post]
30 Aug 2023, 9:05 pm by renholding
  And companies that have faced one activist may be approached, in the same year or in successive years, by other activists or re-visited by a prior activist. [read post]
9 Aug 2023, 10:26 am by Kevin LaCroix
Travis Laster of the Delaware Chancery Court issued a lengthy opinion in In Re McDonald’s Corporation Stockholder Derivative Litigation, C.A. [read post]
6 Jun 2023, 11:23 am by Steve Bainbridge
” [8] The claim is direct, not derivative,  because “where a shareholder has been denied one of the most critical rights he or she possesses—the right to a fully informed vote—the harm suffered is almost always an individual, not corporate, harm. [read post]
5 Jun 2023, 4:56 am by Franklin C. McRoberts
I wrote about a much later decision in the Culligan litigation here. [read post]
9 May 2023, 9:01 pm by renholding
These questions have always deserved attention, but are taking on greater importance given the increased understanding of “horizontal” conflicts of interest that may arise “between activists (who tend to be short-term shareholders) and indexed institutional investors (who tend to be long-term investors and regard themselves as the company’s ‘permanent shareholders’). [read post]
8 May 2023, 4:01 am by Peter Mahler
” The Takeaway Litigating a fair value case can and often does take years, making interest on the fair value award an important factor. [read post]
27 Mar 2023, 9:01 pm by renholding
Although the market for SPAC IPOs has cooled relative to 2021, litigation arising out of SPAC transactions remains active, and courts have started to rule on motions to dismiss in SPAC-related shareholder lawsuits, with several recent decisions finding plaintiffs’ allegations to be sufficient to move forward. [read post]
22 Feb 2023, 9:05 pm by renholding
The use of MoM in this context allows incumbent managers to insulate themselves from capital market pressure and may create incentives to reestablish friendly shareholder ties among listed firms. [read post]
22 Jan 2023, 5:06 am by Kevin LaCroix
In July 2016, Sears shareholders filed a series of shareholder derivative suits (later consolidated) against Seritage, Lambert, and other Sears directors (the Derivative Action). [read post]