In an opinion today, Judge Nathan refused to issue a preliminary injunction that would required Aetna to alter the proxy materials by which it opposes two upcoming shareholder proposals seeking to require Aetna to provide more detail about its political contributions. The complaint alleges that Aetna’s prior opposition to similar proposals falsely claimed that Aetna already provided “robust” and “extensive” disclosure, when, in fact, Aetna omitted or misstated various political donations. Judge Nathan found that the plaintiff could not show “irreparable harm”:
Continue Reading Judge Nathan Refuses to Enjoin Allegedly “Uninformed” Shareholder Vote Relating to Aetna Political Donations

In an opinion today, Judge Stanton appeared inclined to dismiss a suit by billionaire Ron Burkle challenging his being voted off the board of Morgans Hotel Group.  Burkle contends that the a press release issued by OTK Associates before the vote falsely suggested that two leading proxy advisory firms supported replacing the entire board, including him.  Judge Stanton agreed the press release was incorrect, but observed that news reports corrected the error:
Continue Reading Judge Stanton Casts Doubt On Ron Burkle Proxy Soliciation Suit Because News Reports Corrected The Misstatements At Issue