M&A Litigation Commentary

Timely commentary on pending and current cases and agency proceedings of interest to the deal community.

Thursday, April 15, 2010

Pentwater v. BPW Acquisition Corp.; Delaware Chancery Court Unmoved by Strong-Arm Tactics Employed Against Holdout Warrant Holders

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On Friday, March 26, 2010, hedge funds managed by Pentwater Capital Management, L.P. (“Pentwater”) sought a temporary restraining order from...
Wednesday, March 10, 2010

Selectica, Inc. v. Versata Enterprises, Inc.: The Court's Treatment of Director Independence & the Preclusivity of Defensive Measures

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In my post of March 4 I noted that Vice Chancellor Noble addressed certain important doctrinal issues that I passed on to address how Trilog...
Thursday, March 4, 2010

Selectica, Inc. v. Versata Enterprises, Inc.: Delaware Chancery Court Upholds Trigger of Poison Pill

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This case has already gotten lots of attention, as the first instance of the triggering of a poison pill. In his decision of February 26, 20...
Monday, February 22, 2010

SEC v. Bank of America Corp.: Judge Rakoff Approves the Second Settlement, Damming It With No Praise

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Judge Rakoff held his nose today and approved the second settlement submitted to him by the SEC and BofA. Channeling popular rage over Wall ...
Saturday, February 20, 2010

SEC v. Bank of America Corp.: Ruling on Second Settlement Imminent; Judge Rakoff: Bull in a China Shop

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Judge Rakoff is scheduled to rule on the second settlement submitted by the SEC and BofA for Court approval this coming Monday, February 22....
Friday, February 12, 2010

SEC v. Bank of America Corp.; The SEC and BofA Enter Into a Second Settlement; The Cuomo NY State Action

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The Commission and BofA are headed back to Judge Rakoff for approval of a second settlement after their first settlement was rejected by the...
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M&A Litigation Commentary
Jim Fotenos practices corporate and securities law with Greene Radovsky Maloney Share & Hennigh LLP in San Francisco.
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