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Auditors Dodge a Bullet: In Hotly-Anticipated Ruling, New York High Court Sets Extremely Strict Limits on Corporate Advisor Liability in Trustee, Derivative Suits
Publication Date: 2010-10-21
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A four-judge majority found no reason to meddle with New York's long-established interpretation of the in pari delicto doctrine.

September 25, 2008 |

2008 Ineligible List

Notice to the bar.
372 minute read
February 25, 2005 |

Loss Causation Pleading Standard

Jacqueline Sailer and Brian P. Murray, partners at Murray, Frank & Sailer, write that there is no heightened pleading requirement for loss causation under the Private Securities Litigation Reform Act of 1995; nonetheless, courts are grappling with the issue of what suffices to plead loss causation under the notice-pleading requirements.
12 minute read
August 28, 2009 |

Big Surprise: Plaintiffs Firms Back SEC's Shareholder Rights Plan

A rare joint letter to the U.S. Securities and Exchange Commission from a group of defense law firms over shareholder proxy access is receiving an even rarer response from nine of the country's largest plaintiffs law firms. The firms, more typically seen in shareholder litigation than in regulatory squabbles, include Labaton Sucharow; Bernstein Litowitz Berger & Grossman; and Cohen Milstein Sellers & Toll. The letter, dated Tuesday, supports the SEC's proposal to allow shareholders to nominate directors, exactly what the defense firms argued against last week.
3 minute read
August 27, 2009 |

Plaintiffs Firms Show Support for SEC Shareholder Rights Proposal

A rare joint letter to the SEC from a group of defense law firms over shareholder proxy access is receiving an even rarer response from nine of the country's largest plaintiffs law firms. The letter supports the SEC's proposal to allow shareholders to nominate directors, exactly what the defense firms argued against last week. If approved, public companies would be required to include in their proxy materials shareholder nominees for directors that could comprise up to a quarter of the board.
3 minute read
At the Last(er) Minute, Delaware Vice-Chancellor Blasts Barclays, Halts $5.3 Billion Del Monte Buyout
Publication Date: 2011-02-14
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Barclays stood to earn double fees as the financial adviser to Del Monte and the source of financing for the private equity consortium that planned to buy the company. But there were a few things that the bank neglected to tell Del Monte's board along the way--and Vice-Chancellor Laster had a problem with that.

November 26, 2003 |

Judge Refuses to Dismiss Analyst Fraud Claims in WorldCom Litigation

Press reports about widespread conflicts among Wall Street stock analysts were not enough to put investors on notice about the allegedly "illicit relationship" between WorldCom, Salomon Smith Barney and its star telecommunications analyst Jack Grubman, a federal judge ruled Tuesday, rejecting motions to dismiss claims brought on behalf of an Ohio pension fund. The ruling was the latest by Judge Denise Cote in the largest securities fraud case in the nation's history.
4 minute read
Plaintiffs Get Sympathy But No Injunction in Shareholder Litigation over $21 Billion El Paso Deal
Publication Date: 2012-03-01
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The plaintiffs lawyers leading El Paso shareholders' assault on the company's planned $21 billion acquisition by Kinder Morgan lost their bid to enjoin the sale late Wednesday, but they sure got the judge's attention. Can they translate the opprobrium of Delaware Chancery Court chancellor Leo Strine Jr. into a big payday--and more than a little embarrassment for El Paso advisor Goldman Sachs?

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