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Browse: Home / 2012 / November / 09 / Litigating Post-Close Merger Cases — The Harvard L.S. Forum on Corp. Gov. and Fin. Reg.

Litigating Post-Close Merger Cases — The Harvard L.S. Forum on Corp. Gov. and Fin. Reg.

By Securities Docket on November 9, 2012, 3:04 pm

The frequency of merger lawsuits has increased steadily over time. What has changed more abruptly is their life cycle. Until recent years, once a deal closed, the lawsuit usually went away. If the plaintiffs had been unable to wring out a “therapeutic” settlement pre-close (usually, “enhanced” disclosure + a fee) they ignored or dismissed the case after the acquisition was complete. The conventional wisdom was that plaintiffs’ leverage — threatening to interfere with the deal — was gone, and so there was no longer a path to payday.

In several recent cases, however, plaintiffs’ merger lawyers have refined their business model. They keep the litigation alive post-close….

via Litigating Post-Close Merger Cases — The Harvard Law School Forum on Corporate Governance and Financial Regulation

Posted in Class Actions, Industry | Tagged M&A Cases, Web Watch

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