• Garfield v. Shutterfly, Inc.

    Publication Date: 2021-06-09
    Practice Area: Securities Litigation
    Industry: E-Commerce | Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor, Wilmington, DE; Adam Frankel, Greenwich Legal Associates, Greenwich, CT; Juan E. Monteverde, Miles D. Schreiner, Monteverde & Associates, New York, NY for appellant.
    for defendant: Lewis R. Clayton, Paul A. Paterson, Justin Ward, Paul Weiss, Rifkind Wharton & Garrison, New York, NY; Daniel A. Mason, Paul Weiss Rifkind Wharton & Garrison, Wilmington, DE for appellee.

    Case Number: D69423

    Proxy statement in support of shareholder approval of merger was not materially misleading where share values were expressly identified as the calculations of the company's financial advisor, rather than statements of fact, and the proxy identified the projections that were used to calculate each particular set of share values.