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Law360: Justices May Clear Up Private Right to Sue Over Mergers

April 12, 2019


Lawyers will watch oral arguments in a US Supreme Court case involving Emulex Corp. that tackles the standard for alleging false statements and omissions related to tender offers. In particular, they will be looking for commentary on whether private plaintiffs can bring such suits.

O’Melveny partner Matt Close considered the outcome, telling Law360: “This is not a Supreme Court that’s inclined to look at these private right of actions favorably, and to take this one and expand it to negligence where no other court has done it seems to me to be a bridge too far.”