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Securities Regulation Keyed to Coffee
Securities and Exchange Commission v. Carter Hawley Hale Stores, Inc.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
When making a bid for control of Carter Hawley Hale, Inc. (CHH), The Limited, Inc., formed a tender offer to the shareholders of CHH. In reply, CHH management prepared a stock repurchase offer to its shareholders in addition to an offer of a large number of shares in itself to General Cinema Corporation. During the repurchase period, the market price of the shares slowly but consistently increased, seeing as this period was open-ended in time, was to conclude when The Limited’s tender offer concluded. When over half the outstanding stock was repurchased, the repurchase program concluded. A suit for injunctive relief was brought by the SEC (Plaintiff) , stating that the repurchase program was indeed a tender offer, therefore, disclosure conditions needed to be satisfied and they were not. The district court held that the repurchase program was not a tender offer.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.