‘Enforcement 40’ for 2020
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By Securities Docket on January 15, 2014, 12:18 pm
It is hard to make anything 100% pure. Ivory Soap famously falls just short at 99.44% pure. Even Breaking Bad’s Walter White could not get his blue-tinted methamphetamine purer than 99.1%. We appear to be closing in quickly, however, on the 100% level in one area of law: takeover litigation. via Almost 100%: Ivory Soap, Walter White’s […]
By Securities Docket on January 11, 2014, 2:29 pm
These days, you can be sure that when a company announces it is being acquired, it will also be sued by a bevy of plaintiffs’ lawyers. Merger litigation is a big issue in Delaware, and it reached a record rate last year. According to a new study that I prepared along with Matthew D. Cain, […]
By Securities Docket on March 7, 2013, 10:19 am
2012 was even more litigious for M&A deals, with 93 percent of transactions valued over $100 million becoming the subject of lawsuits.
By Securities Docket on February 14, 2013, 9:53 am
Please join panelists Daniel Delaney, Jeff Litvak and Nicole Wells for this webcast.
By Securities Docket on February 14, 2013, 8:48 am
In 2012, 91.7% of all merger transactions attracted at least one lawsuit.
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 […]
By Securities Docket on November 2, 2012, 12:12 pm
Although most defendants are willing to settle, collectively the M&A-case problem is “significant and needs to be addressed.”
By Securities Docket on October 24, 2012, 1:08 pm
Paper suggests three possible legislative reforms for the M&A litigation problem.
By Securities Docket on May 4, 2012, 5:43 pm
Study confirms M&A litigation now “ubiquitous.”