U.S. Supreme Court,
Securities,
9th U.S. Circuit Court of Appeals
May 2, 2019
Strategies securities defense attorneys may take to address the uncertainty surrounding the Supreme Court’s Emulex demurral
One week after oral argument, the U.S. Supreme Court dismissed as improvidently granted a case which questioned whether liability for false or misleading statements in connection with tender offers require proof of scienter.
David A. Priebe
Litigation Partner
DLA Piper LLP
Email: david.priebe@dlapiper.com
David focuses on securities law and corporate governance defense. All opinions herein are his and not the firm's nor its clients'.
On April 23, one week after oral argument, the U.S. Supreme Court dismissed as improvidently granted the certiorari petition in Emulex Corp. v. Varjabedian, 18-459. The petition challenged Varjabedian v. Emulex Corp., 888 F.3d 399 (9th Cir. April 20, 2018), which ruled that liability for false or misleading statements in connection with te...
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