Search for: "In re Capital One Derivative Shareholder Litigation" Results 21 - 40 of 137
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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]
5 Oct 2022, 6:30 am
Bebchuk and Roberto Tallarita (discussed on the Forum here); For Whom Corporate Leaders Bargain (discussed on the Forum here) and Stakeholder Capitalism in the Time of COVID (discussed on the Forum here) both by Lucian A. [read post]
6 Sep 2022, 9:01 pm by Martin Lipton
  And companies that have faced one activist may be approached, in the same year or in subsequent years, by other activists or re-visited by the prior activist. [read post]
28 Feb 2022, 7:00 pm by Daniel Jin
One exception to this general rule is for claims based on bonds issued with original issue discount. [read post]
15 Feb 2022, 2:05 pm by Kevin LaCroix
Shareholders may also bring direct or derivative claims for breach of fiduciary duty. [read post]
12 Jan 2022, 10:09 am by Francis Pileggi
Vice Chancellor Will found that this disparity meant that common shareholders who challenged SPAC deals can sue directly for one group — rather than derivatively on behalf of the entire company, which would require them to jump through many procedural hoops. [read post]
10 Jan 2022, 4:24 am by Peter J. Sluka
On the one hand, contemplated litigation is a proper purpose justifying broad access to a corporation’s books and records. [read post]
15 Jul 2021, 2:54 pm by Kevin LaCroix
Here is the authors’ article. *************************   Private enforcement of the federal securities laws is mission-critical to sustain the transparency of America’s capital markets and uphold the rules of engagement between public corporations and shareholders that trust directors and officers to lead these institutions on their behalf. [read post]
28 Jan 2021, 6:09 pm by Francis Pileggi
One of the agreements involved was governed by New York law and one was governed by Delaware law–but the Court noted that the law of both states as it relates to contract interpretation in this case is the same. [read post]
13 Jan 2021, 7:21 am by Patrick McDonnell
Much like the cases they cited in their reply brief, Moopan notes, when there is a side transaction to one shareholder to the disadvantage of all other shareholders, there is no difference for the purposes of derivative claims. [read post]
12 Jan 2021, 2:19 pm by Kevin LaCroix
  The confluence of sustained securities class actions and increasing shareholder derivative lawsuits have, in fact, compounded the costs that U.S. [read post]
4 Jan 2021, 1:26 pm by Kevin LaCroix
If the merger objection lawsuits are disregarded, the litigation rate translates to about 4.7%, which although below the record-level litigation rates during the period 2017 -2019 is still well above the 1996-2018 annual litigation rate of 3.0%. [read post]
12 Nov 2020, 2:18 pm by Kevin LaCroix
Speed decided there was no need to hire lawyers to represent Disruptive for this latest capital raise. [read post]
7 Sep 2020, 2:06 pm by Kevin LaCroix
All of the companies hit with derivative suits are also involved in parallel securities litigation involving substantially the same allegations. [read post]