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MONY GROUP v. HIGHFIELDS CAPITAL MANAGEMENT

Docket No. 04-0678.

368 F.3d 138 (2004)

MONY GROUP, INC., Plaintiff-Appellant, v. HIGHFIELDS CAPITAL MANAGEMENT, L.P., Longleaf Partners Small-Cap Fund, Southeastern Asset Management, Inc., or any working in connection with them or on their behalf, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 13, 2004.

Attorney(s) appearing for the Case

James P. Smith III, Dewey Ballantine LLP, New York, N.Y. (Richard W. Reinthaler, John E. Schreiber, Joseph Czerniawski, Corinne D. Levy, of counsel), for Plaintiff-Appellant MONY Group, Inc.

R. Todd Cronan, Goodwin Procter LLP, Boston, MA (Gus P. Coldebella, on the brief), for Defendant-Appellee Highfields Capital Management, L.P.

Samuel Kadet, Skadden, Arps, Slate, Meagher & Flom, LLP, New York, N.Y. (Lauren E. Aguiar, Timothy K. Giordano, Gregory A. Litt, of counsel), for Defendant-Appellees Longleaf Partners Small-Cap Fund and Southeastern Asset Management, Inc.

Before: JACOBS, B.D. PARKER, Circuit Judges, and BLOCK, District Judge.

JACOBS, Circuit Judge.

This expedited appeal pursuant to 28 U.S.C. § 1292(a)(1) arises against the backdrop of a proxy vote among shareholders of Plaintiff-Appellant MONY Group, Inc. ("MONY"), whose management seeks shareholder approval of a proposed merger of MONY with French insurance conglomerate AXA Financial, Inc. ("AXA"). Defendants-Appellees are institutional shareholders of MONY that oppose the merger and seek to distribute an exempt proxy solicitation...

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