Transactions
Mar. 4, 2015
Shifts seen in the way M&A cases are litigated
The convergence of a number of forces is changing the way M&A lawsuits are litigated and resolved. By Koji Fukumura
The convergence of a number of forces is changing the way M&A lawsuits are litigated and resolved. First, there are a growing number of public companies whose foundational documents contain an exclusive forum provision in favor of the Delaware Chancery Court. Second, courts throughout the country (including Delaware) have expressed increasing hostility to so-called "disclosure-only" settlements reached prior to the close of a transa...
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