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Arkansas Teachers Retirement System v. Lions Gate Entertainment Corp., 2016 BCSC 432

Successfully represented Lions Gate in defeating an application to bring a derivative action in the company’s name against current and former directors and officers, arising out of the attempted takeover of Lions Date by Carl Icahn in 2010.

Ken McEwan, Q.C. and Emily Kirkpatrick successfully defeated a shareholder application to bring a derivative action against current and former directors and officers of Lions Gate.  The proceeding arose out of circumstances surrounding the attempted takeover of Lions Gate by Carl Icahn in 2010. Ken McEwan, Q.C. previously acted for bondholders in the underlying proceedings wherein the Icahn group challenged the deleveraging of Lions Gate through conversion of bonds while the Icahn Group's efforts to achieve a hostile takeover of Lions Gate were ongoing : see Icahn Partners LP v. Lions Gate Entertainment Corp. et al, 2011 BCCA 228 See Arkansas Teachers Retirement System v. Lions Gate Entertainment Corp., 2016 BCSC 432  

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