Enrico Granata

Enrico Granata

Morrison & Foerster LLP

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Recent Developments Relating to Hostile Deals in the US

In November 2013, Men’s Wearhouse made an unsolicited offer to acquire Jos. A. Bank, just weeks after rejecting a hostile offer from Jos. A. Bank. Jos. A. Bank initially rejected the “Pac Man” counteroffer, but ultimately...more

6/2/2014 - Acquisitions Bylaws Delaware General Corporation Law Greenmail Hostile Takeover Jos. A. Bank Shareholder Votes

The “Pac Man” Defense Makes a Return Appearance

The recently launched Pac Man counteroffer by The Men’s Wearhouse, Inc. in response to a prior unsolicited offer by Jos. A. Bank Clothiers, Inc. provides a good opportunity to review the use and legal implications of the...more

1/28/2014 - Hostile Takeover Jos. A. Bank

“Greenmail” Makes a Comeback

The much-maligned 1980s tactic of “greenmail” appears to have made a comeback in 2013. “Greenmail” has generally been defined as the practice of purchasing enough shares in a company to threaten a takeover, and then using...more

12/20/2013 - Corporate Governance Excise Tax Greenmail Hostile Takeover Investors Proxy Contests Shareholders

In re BioClinica, Inc. Shareholder Litigation

In In re BioClinica, Inc. Shareholder Litigation, the Delaware Court of Chancery in a memorandum opinion on a motion to expedite examined the cumulative effect of deal protection devices to determine whether they should have...more

3/19/2013 - Confidentiality Agreements Hostile Takeover Poison Pill Shareholder Litigation Shareholder Rights Standstill Agreements Tender Offers

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