Strike Suit Certainty Remains The Status Quo In Nevada

Law360, New York (August 11, 2015, 3:38 PM EDT) -- Regardless of your opinion of "strike suits" — litigation by stockholders objecting to corporate mergers and acquisitions — such litigation remains standard practice. While some consider strike suits a litigation "tax" on a transaction, each side has found that there are benefits to be gained from effective resolution of these cases. The plaintiff stockholders have the opportunity to discover additional information material to the transaction and potentially modify improper deal terms or win additional compensation for their stock. On the other side, the defendant corporations, directors and officers can achieve certainty in a court affirming compliance with fiduciary duties and/or a negotiated settlement containing comprehensive releases that allow the transaction to proceed and cut off future litigation....

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