Panel: Shareholder’s Failure To Respond To Issuance Letter Constituted Consent

Mealey's ( June 8, 2018, 2:05 PM EDT) -- CHICAGO — A failure by defendants to include the terms of an issuance of a company’s stock in a letter to shareholders did not constitute a violation of federal securities law, and a shareholder’s failure to respond to the letter under the terms of a Class A Stock Restriction Agreement (SRA) represented a consent for the issuance under a provision of the SRA, a Seventh Circuit U.S. Court of Appeals panel ruled June 7 in affirming a federal district court’s grant of summary judgment in the securities fraud lawsuit (David Bielfeldt, et al. v. Lee C. Graves, et al., No. 15-1419, 7th Cir., 2018 U.S. App. LEXIS 15327)....