Publications

SEC Enforcement: Enhanced 13(d) Scrutiny and Merger Arbitrage

August 28, 2009
Eleazer Klein | Clara Zylberg

Activist Investing Developments - Summer 2009

On July 21, 2009, the U.S. Securities and Exchange Commission announced that it had entered into a settlement with Perry Corp., a New York-based registered investment adviser to five private investment funds, in connection with the SEC’s claim that Perry failed to timely file a Schedule 13D disclosure statement pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended, and Rule 13d-1 thereunder. In its order the SEC accused Perry of failing to timely report its beneficial ownership of more than 5% of the shares of common stock of Mylan Inc. (f/k/a Mylan Laboratories Inc.).