Litigating M&A Lawsuits In New York Courts

Law360, New York (February 22, 2016, 5:33 PM EST) -- Daphne Morduchowitz

Catherine B. Schumacher

Aaron F. Miner Although Delaware still reigns as the leading forum for merger and acquisition litigation, stockholder plaintiffs have, in recent years, filed a substantial number of lawsuits in other jurisdictions. They have sometimes done so even when the corporate bylaws designated the Delaware Court of Chancery as the exclusive forum for such lawsuits. In many cases, this is an attempt to shop for more plaintiff-friendly judges or procedural rules as a path of least resistance to court-approved attorneys' fees. However, the New York Supreme Court, Commercial Division, in which many M&A lawsuits outside of Delaware...

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