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...
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...
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...
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:
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...
The fact that these days virtually every public company M&A transaction draws at least one merger objection lawsuit has provoked concern from many quarters. As I noted in a prior post , it recently became clear that among those concerned are the judges on the Delaware Court of Chancery. Based on...