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Litigation

Delaware Chancery Court Updates: Back to Basics – Jurisdiction And Confidentiality

The Delaware Chancery Court issued two recent opinions that provide helpful guidance to practitioners and reaffirm certain basic principles of Chancery Court practice. On April 2, in Charlotte Broadcasting, LLC et al. v. Davis Broadcasting of Atlanta LLC, the Court reminded litigants of the...

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Litigation

Back To Basic: Proof Of Materiality Not Needed To Trigger The Fraud-On-The-Market Presumption Of Reliance

The United States Supreme Court held in Amgen v. Connecticut Retirement Plans & Trust Funds that investors need not prove materiality at the class certification stage to invoke the rebuttable presumption of reliance on public misrepresentations under Basic v. Levinson.[1] The 6-3 decision...

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International Trade

Is There Room In American Courts For An Australian Hot Tub?

An evidentiary practice, novel to U.S. courts, has been in operation in Australia for at least 20 years. “Concurrent expert evidence,” which is also colloquially referred to as “hot tubbing,” refers to a practice where competing experts are sworn and presented as witnesses...

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