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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.Sweet $233 Million Win Goes Sour
Victory was sweet for a New York businessman when a Dallas jury leveled a $233 million securities fraud verdict against a group that he says had swindled him. But lawyers for Stewart Rahr say that they're facing a long battle to collect anything. The lesson: You can win millions -- as The National Law Journal's annual verdict survey shows -- but collecting is sometimes another matter.Solicitor General Sides Against SEC in Major High Court Securities Case
In the cage match of the securities bar, Solicitor General Paul Clement has sided with corporate interests over investors. Clement on Wednesday filed an amicus brief for defendants in a Supreme Court case that may decide whether lawyers, accountants and bankers can be sued by private investors for activities that arguably go beyond aiding and abetting corporate fraud. In an extraordinary turn of events, the case has exposed a rift between the SEC and the Bush administration and its Department of Justice.Some defendants blink when they're facing the prospect of an ugly discrimination class action. For his client, Merrill Lynch, Klein instead collected affidavits from around the country to show that every purported class member faced highly individual circumstances. The hard-line defense paid off when a Chicago judge refused this week to certify a class of African-American financial advisers and trainees.
The bankruptcy British division had to fend off claims from other Lehman entities, which asserted that securities bouncing around in internal transfers were merely held in trust by Lehman UK.
W.R. Grace and five former executives are accused of exposing thousands of people to deadly asbestos particles via Grace's mining operations near Libby, Montana. Can Kirkland's David Bernick successfully defend the company from what's been called the most significant criminal case ever filed against a polluter?
Judge Rejects SEC Suit Against Former Citigroup Execs
Charges by the SEC that two former Citigroup executives "aided and abetted" their company in a scheme to cheat mutual fund investors of almost $100 million have been dismissed by a federal judge in New York. The judge granted Thomas W. Jones and Lewis E. Daidone's motion for summary judgment, finding that the SEC's actions seeking civil penalties and an injunction against the executives were time-barred. The judge also held that the SEC's request for disgorgement was "not supported by sufficient facts."Plaintiffs in the "no poach" litigation against tech behemoths including Google Inc. and Apple Inc. suffered a setback Friday when they lost their bid for class certification.
In two separate rulings this week, federal district court judges in North Carolina called a halt to federal suits blaming Blackwater for the deaths of employees and civilians in Iraq. Plaintiffs lawyers in the two cases, however, had very different reactions to the rulings.
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