Emulex shareholders to SCOTUS: Our right to sue is not at issue in this case [Reuters]
Broadcom Inc. (AVGO)
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Source: Reuters
Emulex shareholders to SCOTUS: Our right to sue is not at issue in this case | Reuters 6 Min Read (Reuters) - For the past five months, beginning with my story last October about a petition for U.S. Supreme Court review by Emulex Corporation, I’ve been reporting on the tantalizing proposition that the justices could use the Emulex case to rein in shareholder class actions challenging M&A deals. Emulex’s lawyer, Gregory Garre of Latham & Watkins, suggested in Emulex’s cert petition that the Securities and Exchange Act doesn’t specifically grant a shareholders a private right to sue for allegedly inadequate tender offer disclosures, and the Supreme Court hasn’t endorsed such a right. (The court, as Garre acknowledged, has held that shareholders have a right to sue over proxy disclosures but hasn’t addressed the private right to sue over allegedly misleading tender offer filings.) George Conway of Wachtell Lipton Rosen & Katz picked up that theme in an amicus brief in which the U.S. Cham
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AVGO
Earnings
- 3/7/24 - Beat
AVGO
Sec Filings
- 4/24/24 - Form 4
- 4/24/24 - Form 4
- 4/24/24 - Form 4
- AVGO's page on the SEC website