Several U.S. Supreme Court justices voiced concern April 15 over whether investors have a right to sue when firms inadvertently leave important information out of tender offers.
Justice Ruth Bader Ginsburg posed the court’s first question, asking the attorney for two computer hardware firms why the court should consider the companies’ argument that there is no private right to sue—for negligence or otherwise—when they didn’t raise the issue at the U.S. Court of Appeals for the Ninth Circuit.
Although Emulex Corp. and