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Securities and Derivative Litigation: Quarterly Update - February 2025

Examine trends in federal securities class-action filings, which saw a slight uptick in 2024, with an increase in AI-related cases and notable declines in SPAC and cryptocurrency-related filings; Discuss recent decisions...more

Securities and Derivative Litigation: Quarterly Update - November 2024

Highlight the steady pace of filings for artificial intelligence-related securities class actions; Analyze an opinion by the Eastern District of Michigan denying class certification and illustrating how courts are...more

In Long-Awaited Match Decision, Delaware Supreme Court Expands MFW Requirements in Conflicted Controller Transactions

Delaware Supreme Court rejects attempt to limit MFW to controller buyout transactions. Supreme Court instead holds that all of MFW’s requirements for shifting the standard of review from entire fairness to business...more

Securities and Derivative Litigation: Quarterly Update - July 2023

Examine a major Ninth Circuit decision affirming dismissal of a Section 14(a) derivative action based on a forum-selection clause; Highlight the Third Circuit’s adoption of the Omnicare standard for securities fraud claims;...more

Delaware Court of Chancery Cuts “Merger Taxes” by Holding Supplemental Disclosures Must Be Material to Warrant a Mootness Fee

Chancellor McCormick of the Delaware Court of Chancery issued an Opinion on July 6, 2023, in Anderson v. Magellan Health, Inc., imposing a new, heightened standard of review of requests for mootness fees predicated on...more

Delaware Supreme Court Affirms Tesla’s Acquisition of SolarCity as “Entirely Fair”

The Delaware Supreme Court affirms the Court of Chancery’s determination that Tesla’s acquisition of SolarCity was the result of fair dealing, reflected a fair price, and was entirely fair—even when the process was...more

Delaware Court of Chancery Finds Tesla’s Acquisition of SolarCity “Entirely Fair”

The Delaware Court of Chancery issued its decision in In re Tesla Motors, Inc., on April 27, 2022, rejecting claims that Tesla, Inc. CEO Elon Musk breached his fiduciary duties to Tesla’s stockholders as a director and an...more

Litigation Risks in FDA Remote Interactive Evaluations

Key Takeaways - The COVID-19 pandemic led the U.S. Food and Drug Administration (FDA) to pause most foreign and domestic inspections and begin conducting remote interactive evaluations.  FDA has since issued a written policy...more

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