We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Merger Negotiations Can Stay Private — Usually

Law360 (March 15, 2011, 1:31 PM EDT) -- Federal court rulings have affirmed the permissibility of the common practice among U.S. public companies to generally not disclose ongoing merger negotiations. Of particular note, the December 2009 decision of the U.S. District Court for the Northern District of Illinois in Levie v. Sears Roebuck and Co. and the April 2010 decision of the U.S. Court of Appeals for the Second Circuit in Thesling and Johnson v. Bioenvision Inc.

Each confirmed the widely followed principle that, notwithstanding the existence of active merger negotiations, public disclosure is...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.