Jacob A. Kling
Securities Regulation in the Shadow of the Antitrust Laws: The Case for a Broad Implied Immunity Doctrine
120 Yale L.J. 910 (2011). This Note provides a defense of the Supreme Court’s decision in Credit Suisse Securities (USA) LLC v. Billing, in which the Court reaffirmed a broad standard for determining when securities market activities are impliedly immune from antitrust liability. It argues that, contrary to criticisms leveled by several commentators, Billing’s implied immunity analysis is consistent with...
Disenfranchising Shareholders: The Future of Blasius After Mercier v. Inter-Tel
119 Yale L.J. 2040 (2010). This Note analyzes the Delaware Chancery Court’s recent decision in Mercier v. Inter-Tel (Delaware), Inc., in which the court upheld against a Blasius challenge the Inter-Tel board’s decision to postpone its imminent special meeting in order to prevent shareholders from voting down a merger with Mitel. It argues that Inter-Tel represents an attempt to limit...
Tax Cases Make Bad Work Product Law: The Discoverability of Litigation Risk Assessments After United States v. Textron
119 Yale L.J. 1715 (2010).