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The Bulletin - Spring 2019

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  • Kessler Topaz Achieves Significant Victory in the Securities Fraud Case Against Manufacturer of Opiods

    Kessler Topaz is currently litigating a securities fraud class action against Endo International plc (“Endo” or the “Company”) and certain of its officers and directors (collectively “Defendants”) arising from the Defendants’ false claims about the safety of Endo’s reformulated opioid pain...

  • Failed Merger Shows Perils of Poor Corporate Governance

    Kessler Topaz is currently prosecuting a shareholder derivative action on behalf of Akorn, Inc. (“Akorn” or the “Company”) against its current and former directors and officers relating to pervasive regulatory issues that were uncovered through Akorn’s failed merger with Fresenius Kabi AG and its...

  • Australia's Evolving Shareholder Litigation Landscape and the GetSwift and BHP Billiton Class Carriage Decisions

    Emily Christiansen

    Over the past five years, the shareholder litigation landscape in Australia has been in an almost constant state of flux. Where once most shareholder litigation proceeded on a closed class basis (where investors were required to opt-in or join a case by signing a litigation funding agreement before...

  • Toyota and Lexus Owners Defeat Summary Judgment in HVAC Odor Class Action

    Tyler Graden

    On any hot day, almost everyone reaches for the A/C button as soon as they get into their car. But what if, in addition to cool air, a smell comes from the vents too: a “musty, wet smell” like “mildew or mold”? Certainly, this is not something any vehicle owner should expect, but this is precisely...

  • Post-Trial Settlement Reforms Executive Pay and Corporate Governance at Ebix

    On January 23, 2019, Kessler Topaz and its co-counsel filed a settlement agreement with the Delaware Court of Chancery, proposing the resolution of a five-year litigation primarily concerning Ebix, Inc., its corporate governance generally, and a bonus agreement between the Company and its...

  • Class Actions In the Netherlands: Radical Change Is On The Horizon

    Geoffrey Jarvis

    For a number of years the Netherlands has explored potentially significant changes to its existing collective action regime. On January 29, 2019, a new Dutch law (the “Proposed Act”) was adopted by the Dutch House of Representatives that – if approved by the Dutch Senate and entered into law (which...

  • Kessler Topaz Secures Expedited Trial Challenging the Validity of Mindbody Merger Vote

    J. Daniel Albert

    On February 27, 2019, the Delaware Court of Chancery granted Kessler Topaz’s application to schedule an expedited trial to be held on April 29 through May 1, 2019. The trial will determine, pursuant to Section 225 of the Delaware General Corporation Law (“Section 225”), whether the February 14...