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27 Jul 2017, 10:12 am
By Anne Sherry, J.D.The Delaware Supreme Court seems poised to adopt a rule that could give shareholders a second bite at derivative complaints. [read post]
21 Mar 2023, 7:20 am
By Anne Sherry, J.D.Waystar, Inc. had the contractual right to repurchase partnership units from a recently terminated executive, the Delaware Supreme Court held. [read post]
17 Jan 2020, 6:52 am
By Anne Sherry, J.D.The Delaware Court of Chancery ordered specific performance of a merger between Boston Scientific and Channel Medsystems. [read post]
7 Jul 2020, 4:59 am
By Anne Sherry, J.D.Investors in Towers Watson & Co. rebutted the business judgment presumption by adequately pleading that the Towers CEO negotiated an unfavorable merger in exchange for a lucrative compensation package with the post-merger company. [read post]
28 Jun 2016, 5:00 am
By Anne Sherry, J.D.The inability to procure a legal opinion allowed Energy Transfer Equity, L.P. [read post]
8 Aug 2022, 7:40 am
By Anne Sherry, J.D.Retaliatory intent is a required element of a whistleblower claim under Sarbanes-Oxley, the Second Circuit held. [read post]
5 Apr 2023, 5:42 am
By Anne Sherry, J.D.The district court in Chicago dismissed a derivative suit arising out of the 2015 merger between Kraft Foods and Heinz. [read post]
12 Dec 2014, 12:59 pm
[This story previously appeared in Securities Regulation Daily.]By Anne Sherry, J.D.A provocative paper co-authored by SEC Commissioner Daniel Gallagher describes how companies can seek to exclude shareholder proposals by the Harvard Shareholder Rights Project calling for destaggering (declassifying) boards of directors. [read post]
31 Oct 2018, 7:30 am
By Anne Sherry, J.D. [read post]
15 Sep 2023, 10:18 am
By Anne Sherry, J.D.The SEC proposed new rules meant to enhance the security of its EDGAR filing system and improve how users access the system. [read post]
24 Aug 2018, 5:57 am
By Anne Sherry, J.D. [read post]
21 Jun 2019, 6:46 am
By Anne Sherry, J.D. [read post]
11 Mar 2024, 6:10 am
By Anne Sherry, J.D.A petition for certiorari asks the Supreme Court to resolve two circuit splits concerning pleading scienter based on internal reports. [read post]
30 Mar 2021, 12:19 pm
By Anne Sherry, J.D.In a new risk alert, staff of the SEC’s Division of Examinations shared their observations from examinations of broker-dealers and mutual funds regarding their compliance with anti-money-laundering (AML) regulatory requirements. [read post]
7 Oct 2021, 8:29 am
By Anne Sherry, J.D.The Second Circuit reinstated a fraud lawsuit against a cryptocurrency issuer by vacating a district court’s dismissal of the complaint. [read post]
10 Sep 2015, 8:29 am
By Anne Sherry, J.D.In light of the Ninth Circuit’s third rejection of their efforts to dismiss breach-of-duty claims, Amgen retirement plan fiduciaries asked the Supreme Court to grant certiorari. [read post]
8 Dec 2020, 9:11 am
By Anne Sherry, J.D.Former Maryland Senator Paul Sarbanes (D-Md), the co-sponsor of the Sarbanes-Oxley Act, has died at the age of 87. [read post]
24 Aug 2021, 7:14 am
By Anne Sherry, J.D.In a brief filed with the U.S. [read post]
23 Aug 2022, 6:20 am
By Anne Sherry, J.D.The acquisition of a financial firm from a Cantor Fitzgerald affiliate was entirely fair to the buyer’s stockholders, even though Cantor CEO Howard Lutnick stood on both sides of the transaction. [read post]
1 Dec 2023, 9:17 am
By Anne Sherry, J.D.In remarks before an advisory committee meeting Wednesday, SEC commissioners expressed their hopes and concerns about the possible amendment of the accredited investor definition. [read post]
