The Bulletin - Winter 2016

  • Listening For The Death Knell: Supreme Court To Review Class Certification Appellate Tactics

    Ryan Degnan

    Earlier this year, the Supreme Court of the United States agreed to hear a case that is likely to have important ramifications for class action plaintiffs. Specifically, the Supreme Court has agreed to resolve the question of whether a plaintiff may, as of right, appeal a denial of class... Read more >
  • KTMC Heads To New York's Highest Court To Protect Shareholder Rights

    Leah Heifetz

    On March 23, 2016, Kessler Topaz will head to the New York Court of Appeals, the state’s highest court, to argue Matter of Kenneth Cole Prods., Inc. Shareholder Litigation (Case No. 54), APL-2015-00155, which will address New York’s standard of review for going-private transactions proposed by... Read more >
  • Delaware's Evolving Jurisprudence On Corrective Proxy Disclosure Settlements In Mergers And Acquisitions Litigation

    J. Daniel Albert

    Mergers and acquisitions (“M&A”) litigation has recovered billions of dollars for stockholders over the last decade, forcing faithless fiduciaries and their advisors to compensate stockholders for breaching their fiduciary duties or aiding and abetting those breaches. The Delaware courts have... Read more >
  • For Whom The Statute Tolls

    Johnston (Jay) Whitman, Jr., Michelle Newcomer

    Putative class members seeking to opt-out of pending and future class actions brought under the Securities Act of 1933 (the “Securities Act”) or the Securities Exchange Act of 1934 (the “Exchange Act”), to pursue their claims individually, may be required to act a lot sooner to preserve their... Read more >