Why Choose the Dual Track Process?
Chicago-based partner Cathy Birkeland explains why companies might choose the dual track Mergers and Acquisition (private confidential auction process) and Initial Public Offering process over single track.
Sales of a debtor’s assets, either pursuant to section 363 of the Bankruptcy Code or through a confirmed chapter 11 plan of reorganization, have become increasingly common in recent years and are generally viewed as an...more
In this memorandum opinion, the Court of Chancery declined to enjoin Total System Services’ (“TSYS”) acquisition of NetSpend Holdings, Inc. (“NetSpend”) because, even though the Court concluded that the NetSpend board (the...more
Under Revlon and its progeny, directors of Delaware corporations have a duty to take reasonable steps to ensure that stockholders receive the highest price reasonably available in a sale of the company. One way that target...more