Strine Protects Turf As M&A Litigation Forum Battle Simmers

Law360, New York (January 24, 2013, 8:37 PM EST) -- Delaware's top chancery judge this week lambasted the idea of challenging mergers by Delaware corporations in the courts of other states, escalating a battle with the plaintiffs bar over the proper forum for deal litigation.

In 2005, just 8.6 percent of litigated M&A transactions drew lawsuits in more than one venue, according to a study published in April by experts at the University of Notre Dame and Ohio State University. By 2010, it was 46.5 percent. And the average number of lawsuits per deal more than...
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