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TOP NEWS
Empery Faces Limited Restrictions In ATG Proxy Fight
By Jarek Rutz
The Delaware Chancery Court ruled Monday that Empery Digital Inc. must provide activist investor ATG Capital Opportunities Fund LP five business days' notice before taking certain major corporate actions while the parties fight over a disputed board seat, rejecting broader restrictions that could give ATG outsized influence over the company's operations.
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MERGER REVIEW
POLICY
DELAWARE
Catching Up With Delaware's Chancery Court
By Jarek Rutz
The Delaware Chancery Court last week approved a $250 million settlement of litigation over Microsoft Corp.'s acquisition of Activision Blizzard Inc., while Albertsons Cos. Inc. accused Kroger Co. of rejecting changes that could have saved their $24.6 billion merger, and the Delaware Supreme Court ordered Verisk Analytics Inc. to keep pursuing a $2.35 billion acquisition.
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LITIGATION
Insurer Escapes Policyholder Restructuring Fraud Row
By Danielle Ferguson
A group of policyholders failed to show that Genworth Life Insurance Co. committed fraudulent transfers by terminating various reinsurance agreements and issuing dividends to parent companies, the Delaware Chancery Court has ruled, saying the suit itself was an impermissible "collateral attack" that sought to undo regulatory approval for a restructuring.
Opinion attached |
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PEOPLE
EXPERT ANALYSIS
2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy
In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.
Opinion attached |
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LEGAL INDUSTRY
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