Del. Disparity On Disclosing Merger Projections

Law360, New York (February 4, 2011, 1:11 PM EST) -- As the mergers and acquisitions market continues to be active, the number of shareholder class actions challenging mergers has increased dramatically. The Wall Street Journal recently reported that more than 200 deal-related suits were filed in 2010, as compared to just 36 in all of 2008.

In the face of this increased activity, Delaware law is not entirely clear as to whether corporations must make certain disclosures to shareholders when seeking approval of a merger. Currently, there are two disparate approaches to the issue of when...
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