Legal Articles: Bernstein Litowitz Berger & Grossmann LLP

 







Document(s) published by this organization: 11


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Adobe PDFSecond Circuit Rules that Practice Increasingly Employed by District Courts to Deprive Plaintiffs Any Chance to Amend Following a Motion to Dismiss Ruling is an Abuse of Discretion
Michael D. Blatchley, Lauren McMillen Ormsbee; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
August 11, 2015, previously published on August 7, 2015
In Loreley Financing (Jersey) No. 3 Limited v. Wells Fargo Securities, LLC, the United States Court of Appeals for the Second Circuit recently rejected an increasingly common practice among district courts to dismiss complaints “with prejudice” if a plaintiff declines the opportunity to...

 

Adobe PDFA Matter of Opinion? The Omnicare Decision Will Make it Harder for IPO Issuers to Mask Misrepresentations as Opinion Statements
Dave Kaplan; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
July 1, 2015, previously published on Summer 2015
The US Supreme Court delivered a victory for investors last month with a decision that clarifies what companies can say in their IPOs and other securities offerings. In short, the Court’s long-awaited decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund,...

 

Adobe PDFThe Resurgence of the Activist Investor Investors are Challenging Entrenched Corporate Boards — and Winning
John Vielandi; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
July 1, 2015, previously published on Summer 2015
Shareholders do not have any direct control over a company’s day-to-day operations. Instead, shareholders enjoy three core rights: the right to sell, the right to sue, and the right to vote. Electing directors to manage and oversee the company, and voting on other important matters, are...

 

Adobe PDFForging Ahead on Multiple Fronts: From 'Broken Window' Enforcement to Innovative Technologies, the SEC Pursues Several Strategic Initiatives Amid Fractured Leadership
Abe Alexander; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
July 1, 2015, previously published on Summer 2015
Under Chairwoman Mary Jo White, the SEC has rolled out a variety of initiatives exploiting new powers granted to the agency by the Dodd-Frank Wall Street Reform and Consumer Protection Act and utilizing new technologies to bring its investigative capabilities up to speed with the modern realities...

 

Adobe PDFDispatches from the Battleground: Will Fee-Shifting Bylaws Keep Shareholders from the Courthouse?
Edward G. Timlin; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
July 1, 2015, previously published on Summer 2015
As discussed in the last edition of The Advocate, the Delaware Supreme Court’s May 8, 2014 ruling in ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014) presents a serious threat to meritorious stockholder litigation. ATP held that a non-stock corporation could adopt a bylaw...

 

Adobe PDFSupreme Court’s Omnicare Ruling Advances Investor Rights and Encourages Better Disclosure in IPOs
Dave Kaplan; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
April 24, 2015, previously published on April 7, 2015
The U.S. Supreme Court delivered a victory for investors last month with a decision that clarifies a robust standard of liability for IPOs and other securities offerings and encourages better disclosure by securities issuers.

 

Adobe PDFHigh-Frequency Trading: For Better, or for Worse? Trading at the Speed of Light
Emily Lambert; Bernstein Litowitz Berger Grossmann LLP;
Legal Alert/Article
February 12, 2015, previously published on Fall 2014
When brokers met under the buttonwood tree in lower Manhattan in the 1700s, they swapped stocks and bonds in the open air. A century later, in Chicago, the Board of Trade had a visitors’ gallery that attracted crowds when trading got wild. In 2009, at the Chicago offices of the now-closed...

 

Adobe PDFMore than One Way to Pick a Pocket: SEC Scrutiny of Private Equity Firms Reveals Widespread Abuses
Brandon Marsh; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
February 12, 2015, previously published on Fall 2014
New SEC probes into the private equity industry have revealed an alarming pattern of misconduct by private equity fund managers that should be of particular concern to institutional investors.

 

Adobe PDFThe State of International Shareholder Litigation: Comparing Outlooks in the US and UK
Kurt Hunciker, Jake Nachmani; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
February 6, 2015, previously published on Fall 2014
Overseas shareholder litigation is a hot and increasingly important topic in the investor community following the US Supreme Court’s 2010 decision in Morrison v. National Australia Bank, which restricted recoveries under the anti-fraud provisions of the US federal securities laws for...

 

Adobe PDFShareholder Face a New Barrier to Litigation: Adoption of Fee-Shifting Bylaws is Corporations’ Latest Effort to Undermine Shareholder Rights
Adam Hollander, Edward G. Timlin; Bernstein Litowitz Berger & Grossmann LLP;
Legal Alert/Article
February 6, 2015, previously published on Fall 2014
The adoption of fee-shifting bylaws has recently become a divisive (and threatening) issue within the corporate governance community. In its May 8, 2014 ruling in ATP Tour v. Deutscher Tennis Bund, the Delaware Supreme Court upheld a fee-shifting bylaw requiring unsuccessful plaintiffs to bear the...

 


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