Takeover Litigation in 2013

9 Pages Posted: 11 Jan 2014 Last revised: 3 Mar 2014

See all articles by Matthew D. Cain

Matthew D. Cain

Berkeley Center for Law and Business

Steven Davidoff Solomon

University of California, Berkeley - School of Law; European Corporate Governance Institute (ECGI)

Date Written: January 9, 2014

Abstract

Takeover litigation continues to be a much discussed issue in Delaware and among the corporate bar. This report provides preliminary statistics for takeover litigation in 2013. Based on preliminary statistics, takeover litigation continued to be brought at an extraordinarily high rate in 2013. 97.5% of all transactions experienced litigation. The average transaction attracted an average number of 7 lawsuits - an all time high. 41.6% of all transactions experienced multi-jurisdictional litigation down from 51.8% in 2012. Median attorneys’ fees for settlements remained relatively steady at $485 thousand per settlement. Further information and numbers are contained in the report.

Keywords: merger litigation, takeover litigation, Delaware, jurisdictional competition

Suggested Citation

Cain, Matthew D. and Davidoff Solomon, Steven, Takeover Litigation in 2013 (January 9, 2014). Ohio State Public Law Working Paper No. 236, Available at SSRN: https://ssrn.com/abstract=2377001 or http://dx.doi.org/10.2139/ssrn.2377001

Matthew D. Cain

Berkeley Center for Law and Business ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Steven Davidoff Solomon (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

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