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The Bulletin - Winter 2022

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  • KTMC Leads $13 Billion Trial Against Elon Musk

    Lee Rudy

    For two weeks in July 2021, a team of Kessler Topaz lawyers and their co-counsel sought to convince a Delaware court that Elon Musk, the founder and CEO of Tesla, forced Tesla to bail out his cousins’ failing solar installation company. Tesla paid $2.4 billion for SolarCity in 2016; plaintiffs...
  • The Stewardship Profession – A Manifesto

    Stewardship is Fiduciary Duty in Action “Investor Stewardship” is a comparatively new term in the lexicon of capital markets, but stewardship itself is not a new concept. The word “stewardship” goes back to at least the Middle Ages, with echoes of knights left behind to care for their lords’ lands...
  • "Cryptocurrency Trial of the Century": SEC v. Ripple Labs, Inc. and the Future of Crypto Litigation

    Regulation of cryptocurrencies and digital assets was recently described by the new Chairman of the Securities Exchange Commission as the “Wild West.”[1] As of December 2021, the market for cryptocurrencies included nearly 12,000 crypto tokens worth over $2 trillion.[2] Given the “virtual” nature...
  • KTMC Secures $124 Million Tentative Settlement with Cardinal Health Directors, Amidst Broader Push for Corporate Accountability for the Nation's Opioid Epidemic

    Since 2017, litigation in connection with America’s opioid epidemic has proliferated, as regulators, Attorneys General, and private litigants seek to impose greater corporate accountability for the nationwide crisis. KTMC and its clients are currently prosecuting two derivative actions against the...
  • Boeing v. Bradway – The Limits of Forum Selection Clauses

    Kevin Cunningham, Jr.

    I. Introduction Forum selection clauses are a key tool in protecting the interests of all parties when negotiating a contract or agreement. When used collaboratively, they allow all sides of an agreement to confer and agree upon which forum would be most conducive to settling any disputes that may...
  • Recent Developments in Securities Class Certification Law Affirm that Generic Misstatements Can Cause Price Impact

    Barbara Schwartz, Karissa Sauder

    The Supreme Court’s June 2021 decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, 141 S. Ct. 1951 (2021), provided updated guidance on rebutting the fraud-on-the-market doctrine’s presumption of classwide reliance at the class certification stage. As the Supreme Court...