Takeover Litigation in 2014
8 Pages Posted: 22 Feb 2015
Date Written: February 20, 2015
This report provides preliminary statistics for takeover litigation in 2014. Takeover litigation continued at a "steady state" and at an extremely high rate. Lawsuits were brought in 94.9% of takeovers in 2014 versus 39% in 2005. This is the fourth year in a row that the rate of litigation was over 90%. Multi-jurisdictional litigation continued a two-year decline, perhaps in part due to the rise of forum selection by-laws. 33.8% of deals experienced suits in multiple states compared to 41.8% in 2013 and 52.7% in 2012. Each transaction attracted an average number of 4.3 lawsuits. Median attorneys’ fees for settlements rose to $550 thousand from $450 thousand in 2013. Further information and numbers are contained in the report.
Keywords: merger litigation, takeover litigation, Delaware, jurisdictional competition
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