A Potential Partial Solution To The M&A Litigation Problem

Law360, New York (November 1, 2012, 3:18 PM EDT) -- On Oct. 24, Kevin LaCroix’s D&O Diary discussed a report called “The Trial Lawyers’ New Merger Tax,” published by the U.S. Chamber Institute for Legal Reform. The report proposes several legislative approaches that would funnel all shareholder lawsuits challenging mergers to the seller corporation’s state of incorporation. Kevin has been a leading commentator in the discussion of the M&A-case problem. I started to write a reply to his Oct. 24 post but my reply became too involved for a simple comment. So, I decided to turn...
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