Susan Beck's Summary Judgment
Let's See Kaplan Kick the Third Rail of Shareholder Litigation
No one expects executives to suffer any personal financial consequences when they're sued by shareholders. Except, perhaps, Manhattan U.S. district judge Lewis Kaplan. The judge has expressed concerns about a $90 million no-consequences settlement with former Lehman officers that will be paid entirely out of D&O insurance, and wants to know more about the defendants' wealth.
Susan Beck's Summary Judgment: Whatever Happened to the N.Y. AG's Case Against BofA?
Then-New York Attorney Andrew Cuomo announced the state's case against Bank of America over its Merrill Lynch acquisition more than two years ago, promising with great fanfare to hold the bank and two of its executives accountable for an "enormous fraud" to conceal Merrill losses. So why has the case been all-but stalled ever since in New York state court?
Susan Beck's Summary Judgment: The Good News and Bad News From Our Litigation Department of the Year Contest
At a ceremony on Wednesday, The American Lawyer once again bestowed awards on the country's best litigation departments. It's been fascinating to see all the outstanding work done by the firms that have competed over the past decade, but I'm also left with another impression: Not much has changed.
Susan Beck's Summary Judgment: Second Circuit Should Show Rakoff's Ruling Some Respect
In suggesting that it would likely overturn Judge Jed Rakoff's decision scuttling the SEC's $285 million Citi settlement, the appellate court all but told Rakoff to shut up with his complaining about SEC settlements and just approve the damn things.
Susan Beck's Summary Judgment: Strine's El Paso Ruling Sounds Harsh, But There's No Bite Behind the Bark
Delaware Chancellor Leo Strine Jr.'s skewering of nearly everyone involved in Kinder Morgan's proposed $21 billion acquisition of El Paso makes for a great read. But it also amounts to an exercise in frustration, as even Strine was forced to admit.
Susan Beck's Summary Judgment: Special Scrutiny Is Needed When Directors Can Choose Where They're Sued
There's a battle brewing over whether companies can unilaterally change their bylaws to require that a broad class of shareholder suits be filed exclusively in Delaware Chancery Court. Such bylaws may promote judicial efficiency, but the corporate directors who adopt them may also have their own interests in mind.
