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Expert Analysis

Weathering Management Conflicts In Acquisitions

Law360, New York (May 11, 2012, 1:08 PM EDT) -- Two recent decisions by the Delaware Chancery Court, In re El Paso Corporation Shareholders Litigation[1] and In re Delphi Financial Group Shareholder Litigation,[2] have garnered a great deal of attention for the court's vocal criticism regarding conflicts of interest of management of (and advisers to) the acquired party, as well as for the court's decisions not to enjoin the deals despite serious flaws in the merger negotiation processes. Now that both companies' shareholders have voted to approve their respective sales, what remains to be seen in both cases is the extent to which the court's decisions impact shareholders' damage claims post-closing....

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