Acquisitions, Mootness

Mootness Fees: Making the Squeeze Not Worth the Juice

Woodruff Sawyer on 8/31/2023

The days of plaintiffs’ firms making bank from frivolous litigation claims in Delaware are rapidly coming to a close. This positive development is yet another reason that Delaware-incorporated companies will want to consider...more

Delaware Court of Chancery Clamps Down on Mootness Fees for Immaterial Supplemental Disclosures

Wilson Sonsini Goodrich & Rosati on 7/13/2023

On July 6, 2023, the Delaware Court of Chancery issued an important opinion that seeks to further limit the “merger tax” imposed on many companies in the context of significant M&A transactions. The court declared that future...more

'Scott v. DST Systems': Court Rejects Mootness Fee for Target’s Supplemental Disclosures Explaining Valuation Analyses

Morris James LLP on 9/24/2019

Disclosure-only settlements of M&A class actions have received increased scrutiny since decisions like the Delaware Court of Chancery’s 2016 Trulia opinion and the U.S. Court of Appeals for the Seventh Circuit’s Walgreens...more

Citing Trulia and Walgreens Decisions, Federal District Court Orders Plaintiffs’ Counsel to Return Agreed-Upon Mootness Fee

Morris James LLP on 7/10/2019

House v. Akorn, Inc., Consol. Nos. 17-C-5018, 17-C-5022, 17-C-5026 (N.D. Ill. Jun. 24, 2019). Disclosure-only settlements of stockholder class actions have received increased scrutiny following the Delaware Court of...more

M&A Litigation Developments: Where Do We Go From Here?

Skadden, Arps, Slate, Meagher & Flom LLP on 5/29/2018

Over the last few years, three notable Delaware cases — C&J Energy, Corwin and Trulia — have paved the way for a dramatic shift in the deal litigation landscape. In C&J Energy Services, Inc. v. City of Miami General...more

Continuing Trends in M&A Disclosure Litigation

Skadden, Arps, Slate, Meagher & Flom LLP on 11/27/2017

Over the past two years, the deal litigation landscape has changed dramatically. In early 2016, the Delaware Court of Chancery announced a new rule for evaluating disclosure-based settlements in deal litigation — the “plainly...more

"Forward Momentum: Trulia Continues to Impact Resolution of Deal Litigation in Delaware and Beyond"

Skadden, Arps, Slate, Meagher & Flom LLP on 11/21/2016

Throughout the second half of 2015, the Delaware Court of Chancery began questioning its long-standing practice of approving deal litigation settlements involving broad releases for defendants in exchange for disclosure (or...more

Court of Chancery Awards Mootness Fee for “Helpful” Supplemental Disclosures

Morris James LLP on 8/10/2016

The Court of Chancery’s highly-publicized decision in In re Trulia, Inc. Stockholders Litigation, 129 A.3d 884 (Del. Ch. 2016) (Bouchard, C.) (discussed here) took aim at the problem of disclosure-only settlements and...more

"Court of Chancery Continues to Clarify Views of Disclosure-Based Deal Litigation Settlements"

Skadden, Arps, Slate, Meagher & Flom LLP on 5/21/2016

As previously discussed in Insights: The Delaware Edition, throughout the second half of 2015, the Delaware Court of Chancery began to question its long-standing practice of approving deal litigation settlements involving...more

Acquisitions › Mootness

"My best business intelligence, in one easy email…"