In this issue, we discuss Delaware court developments, including the first-ever dismissal of a SPAC disclosure complaint, as well as rulings pertaining to financial advisor conflict and disclosure law, state laws involving...more
6/26/2024
/ Acquisitions ,
Board of Directors ,
Business Judgment Rule ,
Commercial Litigation ,
Corporate Governance ,
DE Supreme Court ,
Disclosure ,
Disclosure Requirements ,
Mergers ,
Securities and Exchange Commission (SEC) ,
Securities Litigation
The Delaware Supreme Court recently issued two opinions weighing in on the scope of disclosures involving board advisors in connection with M&A transactions that warrant close attention. In both rulings — each written en banc...more
6/26/2024
/ Acquisitions ,
Board of Directors ,
Buyers ,
Corporate Governance ,
DE Supreme Court ,
Disclosure ,
Financial Adviser ,
Mergers ,
Proxy Statements ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Sellers
On May 31, 2024, the Delaware Court of Chancery issued its first opinion dismissing a “MultiPlan claim” at the pleadings stage.
As a reminder, a MultiPlan claim is a breach of fiduciary duty claim against directors,...more
Spotlight -
Macquarie Ruling Raises the Bar for Securities Fraud Claims -
Key Points -
- On April 12, 2024, the U.S. Supreme Court unanimously reversed and vacated the Second Circuit’s decision in Macquarie...more
5/23/2024
/ Acquisitions ,
Commercial Litigation ,
Cryptocurrency ,
Entertainment Industry ,
Financial Institutions ,
Healthcare ,
Life Sciences ,
Macquarie Infrastructure Corp v Moab Partners LP ,
Media ,
Mergers ,
Publicly-Traded Companies ,
Real Estate Market ,
Retail Market ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation
Expert Allegations Could Become More Frequent in Securities Fraud Complaints and Possibly Erode Pleading Standards -
A Ninth Circuit panel ruling that plaintiffs could use expert analysis to bolster securities fraud claims...more
12/22/2023
/ Article III ,
Bankruptcy Court ,
Constitutional Amendment ,
Consumer Protection Act ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Self-Reporting ,
Special Purpose Acquisition Companies (SPACs) ,
Voluntary Disclosure