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Expert Analysis

Significant 2017 Decisions Affecting Private M&A: Part 3

By Nicholas O’Keefe, Edward Deibert, Ronald Levine II, Michael Isaacs, Alexa Jones, Brandon Hauver and Evan Leitch (January 23, 2018, 3:16 PM EST) -- The decisions in the concluding part of this three-part series concern a range of matters. The first decision makes clear that Delaware General Corporation Law Section 204 cannot be used to ratify acts that have been rejected by stockholders. The second decision concerns a potential drafting pitfall for charter preferred stock provisions. The third decision is a Texas court decision that highlights the risks of being deemed to have formed a contract through the exchange of emails....

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