January 30, 2013

Supreme Court Will Review Scope of Federal Preclusion of State Securities Claims

As noted in this Dechert update, the Supreme Court granted certiorari last week to resolve a circuit split concerning the extent to which the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) preempts state law claims that indirectly arise out of securities claims. The case could have important implications for investor suits against hedge funds and other investment funds that are not themselves covered by SLUSA, but that are set up for the purpose of investing in equities, options, and other covered securities.

Meanwhile, the briefs are pouring in on the Gabelli v. SEC case before the Supreme Court, including this brief from the SEC. Here is the page containing all the proceedings, orders and filings related to that case…

Webcast: “Activist Profiles and Playbooks”

Tune in tomorrow for the webcast – “Activist Profiles and Playbooks” – to hear Bruce Goldfarb of Okapi Partners, Dan Katcher of Joele Frank Wilkinson Brimmer Katcher, Chuck Nathan of RLM Finsbury and Damien Park of Hedge Fund Solutions identify who the activists are – and what makes them tick.

Transcript: “Pat McGurn’s Forecast for 2013 Proxy Season: Wild and Woolly”

We have posted the transcript for the webcast: “Pat McGurn’s Forecast for 2013 Proxy Season: Wild and Woolly.”

– Broc Romanek