INSTITUTIONAL SHAREHOLDER v. SEC. AND EXCHANGE

Civil No. 19-cv-3275 (APM).

718 F.Supp.3d 7 (2024)

INSTITUTIONAL SHAREHOLDER SERVICES INC., Plaintiff, v. SECURITIES AND EXCHANGE COMMISSION, et al., Defendants.

United States District Court, District of Columbia.

Signed February 23, 2024.


Attorney(s) appearing for the Case

Jeffrey M. Harris, John Michael Connolly, Consovoy McCarthy PLLC, Arlington, VA, James Hasson, Pro Hac Vice, Arlington, VA, MariAnne Pisarri, Pickard Djinis and Pisani LLP, Washington, DC, for Plaintiff.

Helgard C. Walker, Jeremy Max Christiansen, Lucas C. Townsend, Gibson, Dunn & Crutcher, LLP, Washington, DC, for Intervenor Defendant National Association of Manufacturers.

Daniel Matro, Tracey A. Hardin, U.S. Securities & Exchange Commission Office of General Counsel, Washington, DC, for Defendants.

Ryan Bates, Bates PLLC, Austin, TX, for Amicus Council of Institutional Investors.

David William Ogden, Kelly P. Dunbar, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, Jessica A. Lutkenhaus, Department of Defense, Washington, DC, for Amici Chamber of Commerce of the United States of America, Business Roundtable, Center on Executive Compensation, National Investor Relations Institute.


MEMORANDUM OPINION1

I.

Section 14(a) of the Securities Exchange Act of 1934 makes it unlawful to "solicit" proxies "in contravention of such rules and regulations as the...

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