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Expert Analysis

High Court's Emulex Issue Is Narrower Than Some Suggest

By Corban Rhodes and Anna Menkova ( January 18, 2019, 2:07 PM EST) -- In Emulex Corp. v. Gary Varjabedian et al., the U.S. Supreme Court recently granted a petition for writ of certiorari filed by Emulex Corporation to resolve a circuit split concerning the appropriate standard of knowledge under Section 14(e) of the Securities Exchange Act of 1934, which generally prohibits fraudulent or deceptive conduct in connection with a tender offer....

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