October 30, 2008

A New Chapter in the CSX Dispute

As noted in this WSJ article, a Section 16(b) claim has been filed against the two hedge funds that were locked in a dispute with CSX Corp. earlier this year. A CSX shareholder has filed suit against The Children’s Investment Fund Management and 3G Capital Partners, seeking to recover (on behalf of CSX and its shareholders) alleged short swing profits arising from the funds’ transactions in CSX securities and derivatives. This could be a very interesting case, as was the earlier litigation, which focused attention on the funds’ use of derivatives in the contest for control of CSX.

Posted: More Memos on Expiring Shelf Registrations

As Broc noted in the blog last summer – and as we recently covered in the latest issue of The Corporate Counsel in the context of the recent sharp decline in stock prices – the clock is ticking on issuers who will have shelf registrations expire soon under the 3-year sunset provision of Rule 415(a)(5). We have been posting lots of memos on this topic in our “Form S-3” Practice Area. Be sure to check them out before it is too late!

The Rise of Sovereign Fund Investing

We have posted the transcript from our popular webcast: “The Rise of Sovereign Fund Investing.”

What Are You Going to Be for Halloween?

Sadly, Halloween has become almost a non-event in my household this year. I think that this is the first time in a few years that I did not get a Halloween costume for myself, so I won’t be wandering around the neighborhood tomorrow as Jack Sparrow, Darth Vader or Chewbacca. Plus, I was disappointed that my local costume shop didn’t have any Hank Paulson masks. Maybe next year…

Online Surveys & Market Research

– Dave Lynn