3rd Circ. Expands Exception To Shareholder Proposal Rule

Law360, New York ( August 4, 2015, 10:44 AM EDT) -- In April, when the U.S. Court of Appeals for the Third Circuit ruled in Wal-Mart's favor in the case of Trinity Wall Street v. Wal-Mart Stores Inc.,[1] the court's decision was expected to adhere to the U.S. Securities and Exchange Commission's and its staff's long-standing interpretation of the "ordinary business exclusion" to the shareholder proposal rule, Exchange Act Rule 14a-8(i)(7). The circuit court's published opinion in the case, released in July, however, reveals that the court took a slightly different approach to applying the exclusion. This development may provide companies with a broader basis for excluding certain shareholder proposals....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!