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February 01, 2024 | Litigation Daily

Some Thoughts on Securities Litigation Trends From Either Side of the Bar

Jerry Silk of Bernstein Litowitz and Scott Musoff of Skadden weigh in on what's going on behind the numbers in the latest Cornerstone Research annual report on securities class actions.
5 minute read
January 31, 2024 | Delaware Law Weekly

Elon Musk's $56B Executive Comp Ruling Could Reverberate, Lawyers Say

Shortly after Chancellor Kathaleen St. J. McCormick issued her post-trial opinion finding Elon Musk's $56 billion compensation agreement with Tesla should be rescinded, Musk posted one possible takeaway: "Never incorporate your company in the state of Delaware."
5 minute read
January 31, 2024 | Delaware Business Court Insider

Here's How Elon Musk's $56B Executive Comp Loss Could Reverberate

Shortly after Chancellor Kathaleen St. J. McCormick issued her post-trial opinion finding Elon Musk's $56 billion compensation agreement with Tesla should be rescinded, Musk posted one possible takeaway: "Never incorporate your company in the state of Delaware."
5 minute read
January 30, 2024 | Delaware Business Court Insider

Tesla Shareholder Wins Challenge to Elon Musk's Tesla Comp Package

Chancellor Kathaleen McCormick concluded Musk was a controller of Tesla under Delaware law, putting the burden of entire fairness on his defense team from Cravath, Swain & Moore and Ross Aronstam & Moritz.
3 minute read
In re Fox Corp.
Publication Date: 2024-01-29
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys:
For plaintiff: Gregory V. Varallo, Daniel E. Meyer, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Mark Lebovitch, Edward G. Timlin, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for appellants.
For defendant: William B. Chandler III, Brad D. Sorrels, Amy L. Simmerman, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Mark R. Yohalem, Wilson Sonsini Goodrich & Rosati, P.C., Los Angeles, CA; William M. Lafferty, Susan W. Waesco, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case number: 2022-1007

Ability to sue corporate officers for fiduciary violations was not a "power, preference, or special right" of a class of stock and thus a proposed amendment to add an officer exculpation clause did not require a separate class vote under the Delaware General Corporation Law.

Law Journal Press | Digital Book Florida Construction Defect Litigation 2022 Authors: Gary L. Brown View this Book

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January 26, 2024 | Pro Mid Market

Who Got the Work: Gibbons Director Enters to Defend Verizon in Shareholder Derivative Suit

Gibbons director of business and commercial litigation Samuel I. Portnoy has entered an appearance for Verizon's top officers in a pending shareholder derivative lawsuit.
3 minute read
January 25, 2024 | Law.com

Law Firm Litigation Puts Partners' Associate Feedback Under Microscope: The Morning Minute

The news and analysis you need to start your day.
5 minute read
Mayer v. Patriot Pickle Inc.
Publication Date: 2024-01-25
Practice Area: Civil Procedure
Industry:
Court: U.S. District Court for the Western District of New York, U.S. - WDNY
Judge: District Judge Lawrence J. Vilardo
Attorneys:
For plaintiff:
For defendant:
Case number: 23-CV-1299

FRCP 7.1 Business Organization Statement is 'Judicial Document', Presumed Accessible

Camelot Event Driven Fund v. Morgan Stanley & Co. LLC, J.P.
Publication Date: 2024-01-10
Practice Area: Corporate Entities
Industry:
Court: Supreme Court, New York
Judge: Justice Andrew Borrok
Attorneys:
For plaintiff:
For defendant:
Case number: 654959/2021

Commonality of Plaintiffs in Regards to Stocks Grants Class Certification

In re Fox Corp. Derivative Litig.
Publication Date: 2024-01-08
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Legal Services | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys:
For plaintiff: Joel Friedlander, Jeffrey M. Gorris, Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Julie Goldsmith Reiser, Molly J. Bowen, Brendan Schneiderman, Cohen Milstein Sellers & Toll PLLC, Washington, DC; Katherine Lubin Benson, Lieff Cabraser Heimann & Bernstein, LLP, San Francisco, CA; Nicholas Diamond, Gabriel A. Panek, Lieff Cabraser Heimann & Bernstein, LLP, New York, NY; Ellen Rosenblum, Attorney General, Brian A. de Haan, Senior Assistant Attorney General, Oregon Department of Justice, Portland, OR; Andrew E. Blumberg, Daniel E. Meyer, Bernstein Litowitz Berger & Grossman LLP, Wilmington, DE; Ned Weinberger, Labaton Sucharow LLP, Wilmington, DE; Christopher H. Lyons, Tayler D. Bolton, Robbins Geller Rudman & Dowd LLP, Wilmington, DE; Randall J. Baron, David A. Knotts, Robbins Geller Rudman & Dowd LLP, San Diego, CA; Lee Rudy, Eric L. Zagar, Geoffrey C. Jarvis, Kessler Topaz Meltzer & Check, LLP, Radnor, PA; Jeremy Friedman, David Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY for plaintiffs.
For defendant:
Case number: 2023-0418-JTL

Court granted the application of a plaintiff team to lead a consolidated derivative action where counsel had organized the stronger litigation team and the selected plaintiffs consistent of public agencies/officials with extensive financial experience.

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