Developments in Delaware Law Including Disclosure Only Settlements in Merger Objection Cases, Fee-Shifting Bylaws, and Other Issues Impacting the D&O Liability Landscape

July 26, 2016 5:40pm

Michael Bongiorno

David Wales
Bernstein Litowitz Berger & Grossmann LLP

Diane M. Parker
Vice President, North American Claims Group
Allied World Insurance Company

  • Disclosure-only settlements in merger objection cases
  • Rejecting the once standard practice of settling lawsuits challenging mergers and acquisitions transactions through “disclosure-only” settlements?
  • How will this change the landscape of M&A litigation in Delaware?
  • Forum selection and fee shifting issues
  • Bylaws requiring mandatory arbitration
  • Minimum stake and interest claim
  • Possible effects of these developments on strike suits
  • Other key developments in Delaware law and practice
  • A look at the increasing severity of the M&A suits rather than volume of these cases