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