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Hostile Bids Take Over Canadian Companies
Since mid-2005, there have been a slew of hostile bids for and by Canadian companies. And in contrast to the United States, in Canada such uninvited offers generally succeed. American hostile bids often languish under shareholder rights plans and seemingly endless litigation. It seems that Canadians are much more, well, friendly to hostile bidders. While M&A experts predict that the Canadian hostile trend will continue, it's possible that takeovers might not be so easy in the future.The lawyers arguing before the Supreme Court in Travelers Indemnity v. Bailey, which could have huge repercussions in the tort system, encountered a hot bench.
SEC Clarifies Exemptions to Short-Swing Profit Recovery
A Delaware federal court recently held that two amended SEC rules clarifying important exemptions to the short-swing profit recovery provisions of �16(b) of the Securities Exchange Act of 1934 are entitled to deference and should be applied retroactively. These clarifications and their subsequent application by a Delaware district court should come as welcome news to directors and officers of companies with a registered class of securities, says attorney Joseph M. McLaughlin.It's quite remarkable, really. A $300 billion market imploded, but plaintiffs firms can't figure out how to bring a viable suit. This time, a New York judge concluded their class action was a securities case in antitrust clothing.
Power Company Calpine Files Year's Largest Bankruptcy
Power generation company Calpine Corp. filed for Chapter 11 late Tuesday. It is the country's largest bankruptcy this year by assets and the eighth largest in U.S. history. The builder, owner and operator of power plants cited numerous reasons for its bankruptcy petition and those of 19 affiliates. The final straw for Calpine was the Delaware Supreme Court's affirmation of a Court of Chancery ruling on litigation over the company's use of asset sale proceeds for fuel purchases.In the warped bubble that is New York, even government lawyers can fall victim to the Wall Street mystique.
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