Emulex Corp. v. Varjabedian

Argument:  TBD

Emulex Corp.:  Section 14(e) of the Securities Exchange Act of 1934 DOES NOT SUPPORT an inferred private right of action based on the negligent misstatement or omission made in connection with a tender offer.

Varjabedian:  Section 14(e) of the Securities Exchange Act of 1934 SUPPORTS an inferred private right of action based on the negligent misstatement or omission made in connection with a tender offer.

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