News & Analysis as of

Target Company Shareholder Litigation

Nutter McClennen & Fish LLP

M&A in Brief: Q1 2024

In a letter ruling, the Delaware Chancery Court held that where neither the target nor the acquiror was a Delaware entity, the transaction documents between the parties could not confer jurisdiction in the Chancery Court...more

Latham & Watkins LLP

The Latham & Watkins Take-Private Guide: An Overview of Acquiring a US Public Company

Latham & Watkins LLP on

This guide provides an overview of the processes, possible structures, and principal issues for consideration by an acquirer in connection with an acquisition of a publicly traded US company for cash (i.e., a “take-private”...more

Latham & Watkins LLP

Acquiring a US Public Company: An Overview for the Acquirer

Latham & Watkins LLP on

This guide summarizes certain considerations for a non-US acquirer considering an acquisition of a publicly traded US-based company in a negotiated (i.e., friendly) transaction. In addition to market dynamics and business...more

WilmerHale

2019 M&A Report

WilmerHale on

With favorable macroeconomic conditions prevailing for much of 2018, high levels of cash among strategic acquirers and interest rates still at historically low levels (despite four interest rate hikes during the year), the...more

Dorsey & Whitney LLP

The Demise of Disclosure-Only Settlements?

Dorsey & Whitney LLP on

On January 22, 2016, the Delaware Court of Chancery, in an opinion of Chancellor Bouchard, rejected a proposed disclosure-only settlement in the context of M&A litigation that offered no new helpful information to the...more

Latham & Watkins LLP

US M&A Litigation: Will the Changing Landscape Shift to the UK?

Latham & Watkins LLP on

Following nearly every announcement of a public-company acquisition in the US, including take-private acquisitions by private equity investors, plaintiffs’ law firms file class actions on behalf of shareholders. These...more

Troutman Pepper

Forum Selection Bylaws Help Combat Multijurisdictional Shareholder Litigation: State Courts are Increasingly Upholding Forum...

Troutman Pepper on

When almost 98 percent of takeover transactions valued at more than $100 million result in shareholder litigation, and often such transactions are the subject of multiple lawsuits filed in multiple jurisdictions, it is no...more

Burr & Forman

Delaware Court Dismisses Shareholder Class Action Suit Attacking Corporate Merger

Burr & Forman on

Almost every proposed corporate merger is met with a shareholder suit against the acquiring company, merger target and the target’s board of directors in which the shareholders assert that the board breached its fiduciary...more

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