What is the "touchstone" of collective action in the context of Section 13(d)?
MultiRegion, United States of America
The following excerpt is from Roth v. Jennings, 489 F.3d 499 (2nd Cir. 2007):
Thus, "the touchstone of a group within the meaning of Section 13(d) is that the members combined in furtherance of a common objective." Wellman v. Dickinson, 682 F.2d 355, 363 (2d Cir.1982) ("Wellman"), cert. denied, 460 U.S. 1069, 103 S.Ct. 1522, 75 L.Ed.2d 946 (1983). Although a common purpose to acquire control of the issuing company would be an indicium of collective action within the meaning of 13(d), it is not an essential.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts interpreted section 56(2) of the Income Tax Code in the context of Section 56(1) and Section 5(2)? (Canada (Federal), Canada)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
What is the test for subsection 2(3) of the Criminal Code of Canada section 5(6) of Section 7(2) of section 6(3)? (Canada (Federal), Canada)
What is the case law on affirmative action in the affirmative action context? (MultiRegion, United States of America)
Can a tort cause of action be considered duplicative in the context of a breach of contract action? ("New York", United States of America)
What is the test for dismissing an action under Section 1915(d)? (MultiRegion, United States of America)
How has section 1058 of the Federal Tax Code been interpreted in the context of Section 1058? (MultiRegion, United States of America)
How has the Court interpreted the principle of "due process" in the context of section 402(d)(8) of the Child Support Benefits Act? (MultiRegion, United States of America)
What is the test for a plaintiff to bring an action under section 301 of the LMRA against an employer for breach of a collective bargaining agreement? (MultiRegion, United States of America)
What is the scope of a section 2(2) of the Human Rights Act, section 3(4) and section 4(5) of The Queen’s Speech to the House of Representatives on the issue of same sex discrimination? (Canada (Federal), Canada)
