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BofA Loses Round Over Securities Class Action and Derivative Claims
Within two weeks of Judge P. Kevin Castel's 140-page ruling on Bank of America's motion to dismiss a securities class action and derivative cases arising from BofA's 2008 merger with Merrill Lynch, the bank's lawyers at Wachtell and Cleary Gottlieb moved for leave to appeal the decision or, in the alternative, for reconsideration. On Friday, Castel disposed of the BofA motion in an opinion as terse as its predecessor was expansive. "Granting their motion would grind this action to a halt," he wrote in the five-page decision.Plaintiffs' firms unite on shareholder rights
A rare joint letter to the SEC from a group of defense law firms over shareholder proxy access received an even rarer response from nine of the country's largest plaintiffs' law firms, including New York-based Labaton Sucharow and Bernstein Litowitz Berger & Grossmann. Their letter supported the SEC's proposal to allow shareholders to nominate directors, exactly what the defense firms argued against the week before.Cite as: Wyly v. Weiss, 10-4785-cv, NYLJ 1202574549991, at *1 (2d Cir., Decided October 10, 2012)Before: Kearse, Cabranes, and Sack, C.JJ.p class="de
In re: Comverse Technology Inc. Derivative Litigation
Free With Registration: Stock Options Backdating Action Reinstated; Special Directors' Committee's 'Tepid' Response FaultedShell class action acquires Dutch accent
Sidney S. Liebesman knew he was a part of something unique. Liebesman, a partner in Wilmington, Del.'s Grant Eisenhofer, is co-lead counsel for about 50 European investors seeking damages arising from Royal Dutch Shell PLC's alleged overstatement of its oil and gas reserves by 5.8 billion barrels between 1997 and 2003.Former Atmel GC Escapes Derivative Suit Over Options Practices
The former general counsel of Atmel Corp. has wrested a dismissal from a derivative suit over stock option backdating at the company. Mike Ross had threatened to blow up an earlier settlement between plaintiffs and the company in March, when he claimed that a conflict involving Atmel's law firm, Morrison & Foerster, tainted the $9.65 million deal. The derivative suit was filed against 25 Atmel executives, including Ross, on behalf of the company's shareholders.Trending Stories
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