Emulex Corporation, et al., Petitioners v. Gary Varjabedian, et al.

  1. November 22, 2024

    High Court Bar's Future: Sullivan & Cromwell's Morgan Ratner

    Morgan L. Ratner has emerged as a leader of the U.S. Supreme Court bar's next generation, and she attributes her ascent to brilliant mentors, a laid-back argument style, an aversion to overconfidence and a firm commitment to clear principles in every case — even if that means reluctantly telling the chief justice, as she once did, that a hypothetical cat stuck in a tree shouldn't be saved.

  2. December 19, 2019

    The Biggest Securities Cases Of 2019

    From a Supreme Court ruling broadening the scope of liability in spreading false information, to a circuit court ruling on corporate codes of conduct, the federal courts reshaped securities litigation and regulation in 2019.  Here, Law360 highlights some of the biggest decisions and developments affecting securities law this past year.

  3. June 28, 2019

    The Biggest Securities Decisions Of 2019: Midyear Report

    So far this year, the U.S. Supreme Court has broadened the scope of liability for the spread of false information about investments and put off deciding whether private plaintiffs are able to bring lawsuits alleging false statements and related to tender offers. Here, Law360 examines those rulings and other developments from the first half of 2019.

  4. April 23, 2019

    Emulex Doomed By Procedural Issues In Tender Offer Case

    The U.S. Supreme Court's unusual decision Tuesday to drop an appeal after hearing oral arguments caught many court watchers off guard, yet a procedural issue unique to Emulex Corp.'s dispute involving the standard for bringing certain tender offer claims is the likely culprit.

  5. April 23, 2019

    Justices Drop Emulex Appeal Over Tender Offer Suits

    The U.S. Supreme Court on Tuesday punted a decision about the appropriate standard for alleging false statements and omissions related to tender offers and whether private plaintiffs can bring such lawsuits at all. 

  6. April 15, 2019

    Justices Probe Private Right To Bring Tender Offer Suits

    U.S. Supreme Court justices debated whether private plaintiffs have a right to bring lawsuits alleging false statements and omissions related to tender offers during oral arguments Monday, signaling they might not even reach the substantive aspects of Emulex Corp.'s appeal. 

  7. April 12, 2019

    Justices May Clear Up Private Right To Sue Over Mergers

    When the U.S. Supreme Court hears oral arguments Monday in a case involving Emulex Corp. on the standard for alleging false statements and omissions related to tender offers, attorneys will be listening carefully for any commentary from the justices on whether private plaintiffs can even bring such suits in the first place.

  8. April 12, 2019

    Up Next At High Court: Dirty Trademarks, Pleading Standards

    The first week of the U.S. Supreme Court's final oral argument session this term will feature a busy lineup of civil cases involving everything from trademarks for dirty words to wage-and-hour protections for offshore drilling employees. Here's what to expect.

  9. March 22, 2019

    Justices Urged To Allow Negligence Standard In M&A Suit

    Emulex Corp. investors urged the U.S. Supreme Court to affirm a Ninth Circuit ruling that they need only prove negligence, not intent, in their putative class action over a low tender offer in a merger, a move that would establish a lower pleading standard for investors bringing securities suits.

  10. February 25, 2019

    Investors Can't Bring Tender Offer Suits, Ex-SEC Heads Say

    Three former commissioners at the U.S. Securities and Exchange Commission on Monday joined a dispute about the appropriate standard for allegations of misstatements and omissions related to tender offers, telling the U.S. Supreme Court that private plaintiffs should be barred from bringing these claims at all.