Justices Could Trigger Sea Change For Tender Offer Suits

By Martin Crisp, Douglas Hallward-Driemeier, David Hennes and Gregg Weiner (April 18, 2019, 5:30 PM EDT) -- On April 15, 2019, the U.S. Supreme Court heard oral argument in Emulex Corp. v. Varjabedian,[1] a case that could significantly alter the landscape of tender offer litigation under Section 14(e) of the Securities Exchange Act of 1934.[2] Emulex offers an opportunity for the court to take up key questions left unresolved by the court's prior precedent — first, the predicate question of whether Section 14(e) permits an inferred private right of action (an issue left unresolved in Piper v. Chris–Craft Industries Inc.[3]); and second, whether negligent misstatements and omissions, as opposed to those made with scienter, are sufficient to establish a violation of Section 14(e). ...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

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!