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June 07, 2016 |

Defendants Look for Broader Interpretation of 'Halliburton II'

This month marks the two-year anniversary of the U.S. Supreme Court's seminal securities class action decision, Halliburton v. Erica P. John Fund (Halliburton II), 134 S. Ct. 2398 (2014), which allows defendants to rebut—at the class certification stage—the fraud-on-the-market presumption of reliance permitted under Basic v. Levinson, 485 U.S. 224 (1988). According to Halliburton II, defendants may rebut the Basic presumption by showing that their alleged misrepresentations had no impact on the defendant company's stock price. Notably, the court held that defendants may show lack of price impact with appropriate evidence that either "the asserted misrepresentation (or its correction) did not affect the market price of the defendant's stock." Reiterating its decision in Basic, the court explained that "'any showing that severs the link between the alleged misrepresentation and ... the price received (or paid) by the plaintiff ... will be sufficient to rebut the presumption of reliance.'"
9 minute read
May 13, 2016 |

The Business Side of Justice Scalia

The cases that will inform his legacy will likely be his constitutional cases, but for business litigators, Scalia's death may be no less seismic.
17 minute read
May 11, 2016 |

Amid Broken Deals, Antitrust Pros Chart Rough Road Ahead

Besides leading to big breakup fees, lawyers say foiled mergers involving giants like Staples and Halliburton may be deterring other megadeals from being proposed.
32 minute read
May 02, 2016 |

Halliburton and Baker Hughes Abandon Merger

Halliburton and Baker Hughes have called off a blockbuster merger once valued at about $35 billion amid antitrust concerns and a U.S. Department of Justice lawsuit challenging the union in Delaware federal court.
2 minute read
May 02, 2016 |

Mikal Watts Prepares for The Biggest Trial of His Career

In February 2013, Mikal Watts flew to Miami Beach to attend an American Association for Justice convention. In two weeks' time, he expected to appear in the courtroom as the leader of a legal team opposing BP at a federal civil trial set to determine the energy company's liabilities for the 2010 Gulf Coast Oil Spill.
23 minute read
April 27, 2016 |

Halliburton and Baker Hughes Seek Venue Transfer

In the month since the U.S. Department of Justice sued to enjoin the proposed $34.6 billion merger between Halliburton and Baker Hughes, the giants in oilfield services have launched a campaign to have the case transferred from Delaware federal court to its "home" forum in the Southern District of Texas.
18 minute read
April 27, 2016 |

Halliburton, Baker Hughes Push for Venue Change in Antitrust Suit

Halliburton and Baker Hughes, the targets of a U.S. Department of Justice antitrust lawsuit filed in Delaware federal court, are trying to have the case transferred to the Southern District of Texas, arguing that a lack of connection to the First State and public interest support a change in venue.
15 minute read
April 25, 2016 |

ValueActs' Purchase of $2.5B of Halliburton and Baker Hughes Stock Triggers Antitrust Suit

The U.S. Department of Justice recently filed a lawsuit against ValueAct Capital and its affiliates for allegedly violating U.S. antitrust laws in their recent purchase of approximately $2.5 billion of stock owned by Houston-based Halliburton and Baker Hughes.
6 minute read
April 21, 2016 |

European Union May Object to $34.6B Halliburton-Baker Hughes Merger as Anticompetitive

Halliburton Co.'s proposal to purchase oil-services rival Baker Hughes Inc. may soon be hit with new opposition from European Union (EU) regulators who are expressing concerns about how the merger of the two Houston-based oil services giants could hurt competition throughout the EU.
18 minute read
April 18, 2016 |

Shout-Out: Simpson Thacher Scores Class Reversal for Best Buy

A team from Simpson Thacher & Bartlett won a groundbreaking appellate decision reversing class certification in a securities action against firm client Best Buy Co. Inc.
19 minute read

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