Articles

Director Independence and the Bond of Friendship

By Maeve O’Connor, Elliot Greenfield, and Tristan M. Ellis – December 10, 2019 Recent decisions reflect increased attention to social connections and other noneconomic factors that may undermine director independence.

Tips for Dealing with Inspection Demands

By Mark R.S. Foster and Ryan Keats – December 10, 2019 | They are the canary in the coal mine, and they almost invariably foreshadow shareholder litigation. Be prepared with a strategy when they arrive.

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Practice Points

Derivative Suits 101: Tips for Successful Settlements

By D. Scott Carlton – January 17, 2020 | The unique procedural posture of shareholder derivative suits requires court approval of settlements under Rule 23.1 of the Federal Rules of Civil Procedure. Settling parties must be diligent in satisfying the settlement prerequisites to ensure the settlement is approved by the court.

Competition Class Action Certification Made (Even) Easier in Canada

By James Musgrove and Jeffrey Simpson – November 4, 2019 | The Supreme Court of Canada released a long-anticipated decision in Pioneer Corporation et al. v. Godfrey, wrestling with several important questions covering Canada’s Competition Act.

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Audio

Tips for Selecting the Right Expert

By Angela Sabbe and Scott Carlton - January 29, 2020 | There's no Yelp for experts. In this Sound Advice, Angela Sabbe and Scott Carlton discuss tips for finding expert witnesses and considerations to evaluate when identifying the right expert for litigation matters.

Confronting the Question: Does BMS Apply to Class Actions?

By Adam Polk – January 24, 2020 | Adam Polk discuss the Supreme Court's 2017 BMS decision, subsequent district court decisions' application of the decision to the claims of absent class members, and two recent appellate courts who have been asked to decide: "Does BMS apply to class actions?"

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Class Actions & Derivative Suits

Learn how to get involved with the Class Actions & Derivative Suits committee and maximize your Section membership!