The Bulletin - Summer 2018

  • Kessler Topaz Obtains Unprecedented Settlement After Winning Preliminary Injunction Enjoining Change-of-Control Transaction Between Xerox Corporation and Fujifilm Holdings Corporation

    Justin Reliford

    On April 27, 2018, Kessler Topaz, acting on behalf of Iron Workers District Council of Philadelphia & Vicinity Benefit and Pension Plan, obtained a landmark ruling enjoining a proposed change-of-control transaction between Xerox Corp. (“Xerox”) and FUJIFILM Holdings Corp. (“Fuji”). The transaction... Read more >
  • Kessler Topaz Played Instrumental Role in the Largest European Settlement To-Date; Helped Secure $1.5 Billion Investor Recovery

    Emily Christiansen

    The Amsterdam Court of Appeals recently approved a €1.3 billion ($1.5 billion) multi-party global settlement between investors and Ageas N.L. (the successor entity to Fortis Bank which at the time was a Dutch-Belgian entity). The settlement is the largest investor recovery in Europe to-date and... Read more >
  • The Supreme Court Re-tools American Pipe's Tolling Doctrine

    Ryan Degnan

    Since the Supreme Court of the United States’ landmark decision in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) (“American Pipe”), absent class members have been allowed to rely on the filing of a class action complaint to toll—or suspend—the statute of limitations period for their... Read more >
  • Kessler Topaz Secures Chancery Court Decision Permitting Tesla Case to Proceed

    On March 28, 2018, Kessler Topaz Meltzer & Check, LLP, along with co-lead counsel, obtained a ruling denying a motion to dismiss filed by the defendants in In re Tesla Motors, Inc. Stockholder Litigation. Vice Chancellor Joseph R. Slights III held that it was reasonably conceivable that Elon Musk... Read more >
  • DOJ'S Antitrust Division Sets It's Sights On "No-Poach" Agreements

    Section 1 of the Sherman Antitrust Act prohibits “[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce . . . ”[1] Given this, agreements among employers to refrain from “poaching” one another’s employees have long been recognized as... Read more >
  • Ninth Circuit Relaxes Standard of Liability for Tender Offer Misrepresentation Claims

    Ryan Degnan

    Courts throughout the country have historically held that Section 14(e) of the Securities Exchange Act of 1934 (the “Exchange Act”)—which prohibits false and misleading statements made in connection with a tender offer—requires plaintiffs to prove that the defendants acted with “scienter” or a... Read more >