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Expert Analysis

Emulex Will Likely Dictate Venue For Merger Shareholder Suits

By Gidon Caine, Charles Cox and David Gouzoules ( February 20, 2019, 2:31 PM EST) -- On Jan. 4, 2019, the U.S. Supreme Court granted certiorari and agreed to hear a challenge by Emulex Corp. to a 2018 U.S. Court of Appeals for the Ninth Circuit ruling on the pleading standard for a claim alleging a misleading tender offer document brought under Section 14(e) of the Securities Exchange Act of 1934.[1] The Supreme Court's decision could have a significant impact on the viability of merger-related shareholder suits in federal court....

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