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Substantiating the Explosive Growth in M&A-Related Litigation

There seems to be a general consensus that the amount of M&A-related litigation is increasing. The question of how to quantify the increase has attracted quite a bit of attention lately. In a recent post , I previewed a forthcoming report from Cornerstone Research that will provide detailed statistic...

All the M&A-Related Litigation Reference Material in One Convenient Location

During last week's PLUS D&O Symposium, several of the panels discussed the problems surrounding the current onslaught of M&A-related litigation - and appropriately so, as the surging levels of M&A litigation is one of the most distinct and troubling current litigation trends . During...

Takeover Litigation in 2011

In their paper "A Great Game: The Dynamics of State Competition and Litigation" ( here ), Ohio State Law Professor Steven Davidoff and Notre Dame Finance Professor Matthew Cain analyzed the M&A related litigation during the period 2005 to 2010. I discussed this article in a prior post...

Delaware Court of Chancery Denies Motion For Summary Judgment on Merger Challenge

Frank v. Elgamal , C.A. No. 6120-VCN (Del. Ch. Mar. 10, 2014) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Why this case is noteworthy : For many readers, this 94-page decision on a motion for summary judgment is useful, in part, for the following points: One...

Cornerstone Research Releases 2014 M&A Litigation Report

According to the latest report from Cornerstone Research, during 2014, over 90 percent of M&A transactions resulting in at least one lawsuit, but each deal attracted a smaller average number of lawsuits and in fewer jurisdictions than in past years. The report, entitled “Shareholder Litigation...