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31 Aug 2012, 3:09 am
Here's analysis from Richards Layton (we are posting memos in our "Minority Shareholders" Practice Area) - and here's a piece by Alison Frankel. [read post]
7 Jul 2011, 1:47 pm
By Alison Frankel The views expressed are her own. [read post]
1 Oct 2019, 7:22 am
Zuru did not meet the letter’s demands and, as a result, the lawsuit was filed. 3: Justice Department Once Again Advises SCOTUS to Skip Java Copyright Case Finally today, Alison Frankel at Reuters reports that, for the second time, the Justice Department has filed a brief with the U.S. [read post]
4 Dec 2022, 4:23 pm
A Reuters article by Alison Frankel describes the somewhat complex and nuanced issue as follows: … to summarize ruthlessly, the key question is whether companies can avert Exchange Act derivative suits via forum selection provisions mandating litigation in Delaware Chancery Court, which does not have jurisdiction to hear Exchange Act claims – or whether the Exchange Act’s anti-waiver provision precludes enforcement of such forum selection clauses because they… [read post]
12 Jul 2012, 7:26 am
” Over at Alison Frankel’s On The Case blog at Thomson Reuters, Erin Geiger Smith previews Kirtsaeng v. [read post]
9 Apr 2020, 3:55 am
” At Reuters’ On the Case blog (via How Appealing), Alison Frankel talks to an advocate in one of the cases on the Supreme Court’s recently postponed April argument calendar, who is still “hoping arguments will take place” because they “are a critical part of the justices’ process of deciding cases. [read post]
20 Jul 2023, 8:02 am
Sources: SEC punts on whether syndicated loans are securities, in closely watched appeal by Alison Frankel Kirschner v. [read post]
15 Jun 2012, 6:57 am
Lyle covered the filing that night for this blog; other coverage comes from Alison Frankel of Reuters, who describes the government’s brief – which was not signed by the Department of State – as “tepidly” argued, and JURIST. [read post]
23 Nov 2011, 11:12 am
The site features news from Reuters — which has significantly expanded its legal news coverage in recent years — along with features such as the On the Case blog written by Alison Frankel, a long-time writer for The American Lawyer, and analysis written by lawyers and others. [read post]
21 Oct 2012, 7:50 pm
Alison Frankel at Reuters has an interesting column about this discussion here. [read post]
26 Sep 2011, 1:59 am
A particularly interesting discussion of these issues appears in Alison Frankel’s September 23, 2011 article on Thomson Reuters News & Insights entitled “Want More Board Accountability? [read post]
Federal Court Derivative Suit Dismissed Based on Forum Selection Clause, Despite Exchange Act Claims
17 Jul 2023, 10:53 am
The ruling in the SolarWInds case raises the stakes on these issues because it appears, as Alison Frankel noted in her July 10, 2023, post on her On the Case blog about the SolarWinds ruling (here), to be the “first ruling to address the enforcement of a forum selection clause in connection with a derivative claim alleging a violation of the Exchange Act’s anti-fraud provision, Section 10(b). [read post]
29 Sep 2021, 7:47 pm
(Alison Frankel, Reuters). [read post]
30 Oct 2016, 2:43 pm
Alison Frankel’s October 28, 2016 Reuters article about the decision can be found here. [read post]
24 Aug 2022, 11:17 am
(As Alison Frankel discussed in a August 18, 2022 post on her On the Case blog, there was a related kerfuffle about the reasons why Judge Adams had not appointed the Boies Schiller law firm as counsel, including among other reasons that the Boies Schiller firm had a conflict of interest.) [read post]
31 Jul 2022, 5:25 am
Now, as Alison Frankel reported in a July 15, 2022 post in her On the Case blog (here), Judge Adams has followed through on his threat to boot the plaintiffs’ lawyers and replace them with lawyers that will pursue the case in his court. [read post]
10 Feb 2014, 3:17 am
In an interesting February 6, 2014 post in her On the Case blog (here) , Alison Frankel reviewed the amicus briefs that have been filed with the Supreme Court arguing that the fraud on the market theory in securities class action litigation should be preserved. [read post]
14 Oct 2014, 5:06 am
As Alison Frankel discusses in her October 9, 2014 post on her On the Case blog (here), Smart & Final, a grocery store chain that went public last month, and ATD Corp, a tire distributor that in August filed to go public, have also adopted charter provisions that “shift the cost of defending shareholders’ claims to investors who sue and lose. [read post]
31 Oct 2022, 4:57 pm
As Alison Frankel discusses in an October 26, 2022 post on her On the Case blog (here), and in the latest manifestation of this kind of anti-ESG litigation, a nonprofit group has filed an action against the pharmaceutical giant Pfizer based on the company’s sponsorship of a foundation offering fellowships aimed at Black, Latino, Native American and other minority candidates. [read post]
1 Dec 2014, 4:06 am
” As detailed in Alison Frankel’s November 26, 2014 post on her On the Case Blog entitled “Big Pension Funds Mobilize Against Delaware Fee-Shifting Clauses” (here), the Council of Institutional Investors and a coalition of public pension funds have launched a letter writing campaign to Delaware politicians and other key players. [read post]
