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The Bulletin - Summer 2021

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  • Kessler Topaz Clients Take a Big Step in the Fight for Accountability for the Nation's On-Going Opioid Crisis

    In In re Cardinal Health, Inc. Derivative Litigation, Kessler Topaz clients defeated a motion to dismiss a shareholder derivative action filed against the directors and officers of Cardinal Health, Inc. (“Cardinal Health” or the “Company”).[1] The action seeks to hold these individuals responsible...

  • Investing in Chinese Companies, In Vogue, but Fraught with Danger, Part 1: Service of Process

    Introduction Despite a general decline in the number of securities cases during 2020, there was an uptick in cases against non-US securities issuers.[1] In fact, class action securities based lawsuits against foreign litigants increased from 15% of total suits in 2019 to 27% in 2020.[2] China-based...

  • Jurisdictional Discovery: An Important Tool When Litigating Against Foreign Entities

    Tyler Graden, Jordan Jacobson

    As every first year law student learns, in International Shoe Co. v. State of Washington, 326 U.S. 310 (1945), the Supreme Court held that the Constitution requires a party have certain “minimum contacts” with the forum where it is being sued in order for a court to exercise its power. This concept...

  • Kessler Topaz Victory in Presidio Litigation Further Develops "Fraud on the Board" Tort Against Faithless Advisors

    J. Daniel Albert

    Kessler Topaz recently prevailed on a motion to dismiss on behalf of the Firefighters’ Pension System of the City of Kansas City, Missouri Trust (“Kansas City Firefighters”) in an action challenging the acquisition of Presidio, Inc. (“Presidio” or the “Company”) by BC Partners Advisors, L.P...