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Expert Analysis

Why Bylaw Solutions To Meritless Merger Suits Are Problematic

Law360, New York (May 29, 2015, 11:35 AM EDT) -- In the world of securities and corporate governance litigation, we are always in the middle of a reform discussion of some variety. For the past several years, there has been great focus on amendment of corporate bylaws to corral and curtail shareholder corporate governance claims, principally shareholder challenges to mergers.[1] Meritless merger litigation is indeed a big problem. It is a slap in the face for careful directors who have worked hard to understand and approve a merger, or for CEOs who have spent many months or years working long hours to locate and negotiate a transaction in the shareholders' best interest....

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