Katherine Maco

Katherine Maco

Orrick, Herrington & Sutcliffe LLP

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An Exercise of Business Judgment: Chancery Court Dismisses Shareholder Derivative Demand-Refused Case

Last week, Vice Chancellor Glasscock released an important decision dismissing a case under Rule 23.1 that was brought by a DuPont shareholder who alleged that the board improperly refused a demand to sue DuPont’s officers...more

5/19/2015 - Bad Faith Derivatives Directors DuPont Fiduciary Duty Monsanto Patent Litigation Sanctions Settlement Shareholder Litigation

Will You Blow The Whistle Or Should I? The SEC Grants An Award to a Whistleblower Who Learns of Fraud From Another Employee.

Last week, the Securities and Exchange Commission announced an award payout of between $475,000 and $575,000 to a former company officer who reported information about an alleged securities fraud. While this is by no means...more

3/10/2015 - Corporate Officers SEC Whistleblower Awards Whistleblowers

Delaware Court Provides Guidance on Acceptable Deal Protection Mechanisms and Scope of Third Party Aiding and Abetting Liability...

On November 25, 2014, the Delaware Court of Chancery issued a decision in In Re Comverge, Inc. Shareholders Litigation, which: (1) dismissed claims that the Comverge board of directors conducted a flawed sales process and...more

12/5/2014 - Aiding and Abetting Board of Directors Breach of Duty Dismissals Fiduciary Duty Merger Agreements Purchase Price Shareholder Litigation

Better Keep Your Opinions to Yourselves for Now: Second Circuit Doubles Down in Deutsche Bank Ruling in Advance of Supreme Court...

On July 16, 2014, a three-judge Second Circuit panel affirmed the dismissal of a securities class action against Deutsche Bank AG and several underwriters. The case was brought on behalf of investors who purchased...more

7/23/2014 - Banks Deutsche Bank Omnicare SCOTUS Securities Act of 1933

Can Your Director Bank On The Business Judgment Rule?

Ever had one of those days where you think you’re acting with good faith, diligence, and care, and yet you still get sued by the FDIC? The directors and officers of the now defunct Buckhead Community Bank in Georgia find...more

12/11/2013 - Board of Directors Business Judgment Rule Compliance D&O Insurance FDIC

“Order Up!” FIRREA Update

Judge Carter issued his final order on July 16, 2013, following our blog post. ...more

7/18/2013 - Creditors FIRREA Objective Standard Rating Agencies S&P

Where There’s Smoke, There’s FIRREA (Part Two)

We first blogged about the obscure Financial Institutions Reform Recovery Enforcement Act (“FIRREA”) on May 14. ...more

7/17/2013 - DOJ FIRREA S&P Statute of Limitations

Basic Gets Complicated: Vivendi Rebuts Fraud-On-The-Market Presumption

In what Judge Shira A. Scheindlin of the Southern District of New York called an “extraordinary case,” French multimedia company Vivendi, S.A. has scored an unusual victory based on a successful rebuttal of the...more

3/12/2013 - Fraud-on-the-Market Gamco Investors v Vivendi Investors

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