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New York Law Journal

The Fork in the Road: The SEC and Preemption

C. Evan Stewart writes: Since 2003, I have been predicting a test case/showdown between lawyers who follow the dictates of the states in which they are licensed to practice law versus the conflicting dictates of the rules and regulations promulgated by the SEC after the Sarbanes-Oxley Act of 2002 went into effect. And while I thought I knew how such a test case/showdown would (should) end up, a recent judicial development has shaken my certitude (but only a little, because—as we will see—the ruling is wrong).
30 minute read

The Recorder

City of Dearborn Heights Act 345 Police and Fire Retirement System v. Align Technology, Inc.

5 minute read

Delaware Business Court Insider

Firms Vie for Leadership Post in Tesla Derivative Litigation

Plaintiffs' attorneys are setting up for a battle in Delaware federal court over lead counsel status in derivative litigation challenging Tesla Inc.'s $2.6 billion bid to acquire an allegedly failing solar energy system installer SolarCity Corp.
17 minute read

Delaware Business Court Insider

Firms Vie for Leadership Post in Tesla Derivative Litigation

Plaintiffs' attorneys are setting up for a battle in Delaware federal court over lead counsel status in derivative litigation challenging Tesla Inc.'s $2.6 billion bid to acquire an allegedly failing solar energy system installer SolarCity Corp.
4 minute read

The Legal Intelligencer

Pittsburgh History and Landmarks Found., a Pennsylvania Non-Profit Corp., PICS Case No. 17-0666 (Pa. Commw. April 21, 2017) Simpson, J. (39 pages).

Trial court erred in granting discovery of attorney-client communications in derivative action brought by board members of nonprofit corporation. Order of the trial court vacated, case remanded.
6 minute read

Corporate Counsel

Bouchard Rules Merger Wiped Out Derivative Standing in Case Over Mine Explosion

After years of delay, former stockholders of Massey Energy Co. have lost standing to bring a derivative suit against company executives over a 2010 mine explosion that killed 29 workers, the Delaware Court of Chancery said on Thursday.
9 minute read

Delaware Business Court Insider

Bouchard Rules Merger Wiped Out Derivative Standing in Case Over Mine Explosion

After years of delay, former stockholders of Massey Energy Co. have lost standing to bring a derivative suit against company executives over a 2010 mine explosion that killed 29 workers, the Delaware Court of Chancery said on Thursday.
4 minute read

Daily Report Online

Larry Thompson Drafts DOJ Alums to Monitor VW

The former deputy attorney general and PepsiCo GC will be backed up a team of former prosecutors and other highly credentialed lawyers.
8 minute read

New Jersey Law Journal

Strike Three for Hertz Shareholder Class Action

A federal judge has once again dismissed a putative class action lawsuit against Hertz Global Holdings by its shareholders—this time for good—finding no evidence to demonstrate the company knowingly hid financial problems in order to boost the price of its stock.
6 minute read

New Jersey Law Journal

Strike Three for Hertz Shareholder Class Action

A federal judge has once again dismissed a putative class action lawsuit against Hertz Global Holdings by its shareholders—this time for good—finding no evidence to demonstrate the company knowingly hid financial problems in order to boost the price of its stock.
3 minute read

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