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The Bulletin - Fall 2016

  • Kessler Topaz Is Appointed Co-Lead Counsel in Litigation Challenging Tesla Motors, Inc.'s Acquisition of SolarCity Corporation

    Kristen Ross

    On October 10, 2016, the Delaware Court of Chancery appointed Kessler Topaz as co-lead counsel in an action brought on behalf of Tesla Motors, Inc. (“Tesla”) and a class of its stockholders challenging Tesla’s acquisition of SolarCity Corporation (“SolarCity”) in an all-stock transaction valued at... Read more >
  • U.S. Court of Appeals Adopts Delaware Standard on Disclosure-Only Settlements of Merger Litigation

    Michael Wagner

    In Kessler Topaz’s Winter 2016 Bulletin, we described what now appears to be a settled trend in decisions from the Delaware Court of Chancery regarding settlements of merger litigation that principally provide additional disclosures to stockholders. These settlements had historically offered... Read more >
  • Australia Makes A Move Toward Allowing Common Fund Recoveries For Litigation Funders In Class Actions, But Key Issues Remain Unclear

    Geoffrey Jarvis

    On October 26, 2016, the Full Court of the Federal Court of Australia (the “Full Court”),1 in Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Limited [2016] FCAFC 148, granted an application to allow for litigation funders providing funding for class actions to obtain a funders’ fee from all... Read more >
  • Payment Card: The Second Circuit's Swipe At A Record Antitrust Settlement Should Have Limited Implications For Securities Class Actions

    Johnston (Jay) Whitman, Jr., Nathan Hasiuk

    Obtaining class certification in an action under the United States federal securities laws requires, among other things, demonstrating that questions of law or fact common to class members predominate over any individualized issues. See Federal Rule of Civil Procedure 23(b)(3). Defendants in such... Read more >
  • KTMC Associate, Samantha E. Holbrook, Serves as Coach for Temple Law's Prestigious Trial Team

    Temple University Beasley School of Law is home to a nationally-ranked, award-winning Trial Team, recognized across the region for the strength of its advocates. Since the creation of the program by the late Professor Edward D. Ohlbaum in 1992, Temple Law teams have competed in approximately eight... Read more >
  • Second Circuit Eases Loss Causation Burden for Defrauded Investors in Watershed Ruling

    Margaret Onasch, Joshua Materese

    On September 27, 2016, the United States Court of Appeals for the Second Circuit issued a landmark ruling that provides new guidance for plaintiffs asserting claims under the federal securities laws. In In re Vivendi, S.A. Securities Litigation, the Second Circuit recognized for the first time the... Read more >
  • "When, Not If: What Fiduciaries Need To Know About Cyber Insurance"

    Jordan Rand, Partner, Dilworth Paxon LLP

    Jordan is an insurance coverage litigator and recognized authority in the field of cyberinsurance coverage law. He is a partner in the commercial litigation department in Dilworth Paxson LLP’s Philadelphia office. To stay abreast of the latest developments in cyberinsurance coverage law, subscribe... Read more >