Delaware court resuscitates a derivative lawsuit despite dismissal with prejudice in another forum *

USA - June 25 2012
On June 11, 2012, the Delaware Chancery Court ruled that a shareholder derivative case could proceed against the directors of Allergan, Inc., even after a federal court in California had dismissed with prejudice a parallel action based on identical claims.

Co-authors: John C. Tang , William S. Freeman , Andrew M. Levine , Eric Landau , Scott Fletcher.

Delaware update: the implied standstill *

USA - May 18 2012
On May 4, 2012, Chancellor Leo E. Strine, Jr. of the Delaware Court of Chancery issued a decision that put the spotlight on confidentiality agreement provisions limiting the use and disclosure of non-public information.

Co-authors: Bryan E. Davis , Andrew M. Levine , Philip Le B. Douglas , Michael J. McConnell , James P. Dougherty .

Supreme Court clarifies what it means to "make" a statement for Rule 10b-5 liability *

USA - June 17 2011
On June 13, 2011, the United States Supreme Court, in a 5-4 opinion delivered by Justice Thomas, held that an entity that does not have ultimate authority and control over the content of a statement or whether and how to communicate the statement does not "make" the statement for purposes of liability under Rule 10b-5.

Co-authors: Travis Biffar , Robert W. Gaffey, Eric Landau , Thomas R. Jackson , Michael J. McConnell .