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Mergers & Acquisitions

Feb. 9, 2016

Delaware reining in deal litigation?

In the past decade, over 90 percent of announced public deals have been challenged by stockholders, sometimes only hours after the deal's announcement. By Katherine Henderson and Brad Sorrels

Katherine Henderson

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By Katherine Henderson and Brad Sorrels

It is well documented that the past decade has seen a dramatic increase in deal-related litigation, with over 90 percent of announced public deals being challenged by stockholders and multiple class actions filed in multiple forums, sometimes only hours after the announcement of the deal. In recent years, some have devised strategies - including forum selection bylaws - to try to minimize the burden of the...

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