Legal Articles: Bernstein Litowitz Berger & Grossmann LLP

 







Document(s) published by this organization: 5


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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 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 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 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 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...