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Second Circuit Affirms District Court Holding in Edwards v. Sequoia Fund, Inc.

USA - October 9 2019 The Second Circuit, in Edwards v. Sequoia Fund, Inc.,affirmed the dismissal of a claim alleging that a mutual fund breached a contract - its...

Samantha Rosa.

Second Circuit Finds that Section 47(b) Provides for Private Right of Action, Raising New Implications and Considerations for Mutual Fund Advisers and Trustees

USA - September 10 2019 The U.S. Court of Appeals for the Second Circuit, in disagreeing with the Courts of Appeals for the Third and Ninth Circuits,...

Samantha Rosa, Corey F. Rose, Stephen H. Bier, David A. Kotler, Matthew L. Larrabee, Robert J. Rhatigan.

Recent Delaware Case Makes First Finding of "Material Adverse Effect": Key Takeaways

USA - October 11 2018 The recent decision of the Delaware Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG et. al is the first time a Delaware court has found a material adverse effect in......

Markus P. Bolsinger, Adam D. Rosenthal, Paul Bennett IV, Kenneth E. Young, Allie M. Misner.

Fifth Circuit Opinion Vacates DOL Fiduciary Rule

USA - April 18 2018 The U.S. Court of Appeals for the Fifth Circuit on March 15, 2018 issued an opinion (Opinion) vacating the Department of Labor (DOL) fiduciary rule...

K. Susan Grafton, Mark D. Perlow, Christine Ayako Schleppegrell, Katherine Shorey, Douglas P. Dick, Andrew L. Oringer, Stephanie A. Capistron.

ERISA's Fiduciary Rule - Dead Yet? Game Over? Maybe, Maybe Not . . .

USA - March 26 2018 It has been a long and winding road for the amended fiduciary regulation (the "Regulation") and the related new and amended exemptions (collectively...

Aryeh Zuber, Christine Ayako Schleppegrell, Andrew L. Oringer.