“If you want to have your business disputes resolved by experts, you will generally prefer Delaware,” said Joseph Grundfest, a professor of corporate governance at Stanford Law School. “You might be able to fool some judges somewhere, but you’re less likely to be able to fool these judges because they see this stuff all the time.”
The chancery court is intimately familiar with disputes involving mergers and acquisitions. Over the last two decades, it has ruled in disputes such as when a dissident shareholder fought a merger of the computer companies HP and Compaq in 2002; when the chemical company Hexion sued to end its merger with another chemical company, Huntsman, in 2008; and when the luxury companies LVMH Moët Hennessy Louis Vuitton and Tiffany & Company sued each other over an acquisition in 2020.
‘Enforcement 40’ for 2020
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