Emulex Corporation, et al., Petitioners v. Gary Varjabedian, et al.
Case Number:
18-459
Court:
Nature of Suit:
3850 Securities, Commodities, Exchange
Firms
- Deutsch Hunt
- Goldstein & Russell
- Hogan Lovells
- Jones Day
- Latham & Watkins
- Skadden Arps
- Wachtell Lipton
Companies
- Emulex Corporation
- North American Securities Administrators Association
- SIFMA
- Washington Legal Foundation
Sectors & Industries:
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December 19, 2019
The Biggest Securities Cases Of 2019
From a Supreme Court ruling broadening the scope of liability in spreading false information, to a circuit court ruling on corporate codes of conduct, the federal courts reshaped securities litigation and regulation in 2019. Here, Law360 highlights some of the biggest decisions and developments affecting securities law this past year.
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June 28, 2019
The Biggest Securities Decisions Of 2019: Midyear Report
So far this year, the U.S. Supreme Court has broadened the scope of liability for the spread of false information about investments and put off deciding whether private plaintiffs are able to bring lawsuits alleging false statements and related to tender offers. Here, Law360 examines those rulings and other developments from the first half of 2019.
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April 23, 2019
Emulex Doomed By Procedural Issues In Tender Offer Case
The U.S. Supreme Court's unusual decision Tuesday to drop an appeal after hearing oral arguments caught many court watchers off guard, yet a procedural issue unique to Emulex Corp.'s dispute involving the standard for bringing certain tender offer claims is the likely culprit.
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April 23, 2019
Justices Drop Emulex Appeal Over Tender Offer Suits
The U.S. Supreme Court on Tuesday punted a decision about the appropriate standard for alleging false statements and omissions related to tender offers and whether private plaintiffs can bring such lawsuits at all.
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April 15, 2019
Justices Probe Private Right To Bring Tender Offer Suits
U.S. Supreme Court justices debated whether private plaintiffs have a right to bring lawsuits alleging false statements and omissions related to tender offers during oral arguments Monday, signaling they might not even reach the substantive aspects of Emulex Corp.'s appeal.
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April 12, 2019
Justices May Clear Up Private Right To Sue Over Mergers
When the U.S. Supreme Court hears oral arguments Monday in a case involving Emulex Corp. on the standard for alleging false statements and omissions related to tender offers, attorneys will be listening carefully for any commentary from the justices on whether private plaintiffs can even bring such suits in the first place.
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April 12, 2019
Up Next At High Court: Dirty Trademarks, Pleading Standards
The first week of the U.S. Supreme Court's final oral argument session this term will feature a busy lineup of civil cases involving everything from trademarks for dirty words to wage-and-hour protections for offshore drilling employees. Here's what to expect.
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March 22, 2019
Justices Urged To Allow Negligence Standard In M&A Suit
Emulex Corp. investors urged the U.S. Supreme Court to affirm a Ninth Circuit ruling that they need only prove negligence, not intent, in their putative class action over a low tender offer in a merger, a move that would establish a lower pleading standard for investors bringing securities suits.
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February 25, 2019
Investors Can't Bring Tender Offer Suits, Ex-SEC Heads Say
Three former commissioners at the U.S. Securities and Exchange Commission on Monday joined a dispute about the appropriate standard for allegations of misstatements and omissions related to tender offers, telling the U.S. Supreme Court that private plaintiffs should be barred from bringing these claims at all.
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January 08, 2019
High Court's Take On Emulex Could Slash Merger Challenges
The U.S. Supreme Court's decision to hear a proposed class action brought by Emulex Corp. shareholders who claim they were misled about a tender offer for the company presents an opportunity for the court to stanch a flood of class actions in federal court challenging such mergers, experts say.