Sat.Aug 22, 2020 - Fri.Aug 28, 2020

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The Effect of Cybersecurity on Enterprise Value [Updated August 2020]

Quantive

August 2020 Update With the advent of a “small global pandemic” – and the near universal move to “Work From Home” environments- the impact of Cyber Security threats has dramatically increased. Think “Cyber” was a risk to value previously? A trend we’ve seen is that not only has the pace of due diligence slowed as […].

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Fifth Circuit Affirms Dismissal of Section 14(a) Complaint For Failure to Plead Facts Demonstrating Alleged Omissions from Proxy Statement Were Misleading

Shephard Mullin M&A

In Heinze v. Tesco Corp. , No. 19-20298, 2020 WL 4814094 (5th Cir. Aug. 19, 2020), the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a putative class action suit under Section 14(a) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78(b) alleging that defendant Tesco Corporation (“Tesco”), former members of Tesco’s board of directors and Nabors Industries, Ltd.

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Do We Have a Quorum?

Cooley M&A

Although its final episode aired more than a decade ago, there is still debate about the ending of HBO’s critically-acclaimed series, the Sopranos. In fact, as one critic notes, “the only objectively true statement that can be made about that ending is that it’s ambiguous.” [1] This ambiguity was embraced and lauded by some fans, while others felt cheated by not knowing, with certainty, the fate of one of television’s most well-known anti-heroes.

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