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Category: DECALS


Determining the Likely Standard of Review Applicable to Board Decisions in Delaware Merger and Acquisition Transactions

Date Posted: 12/19/2014

The standard of review applied by a Delaware judge in a challenged merger and acquisition (M&A) transaction will often have a significant effect on the outcome. In this post, we offer a chart that identifies fact patterns common to Delaware M&A transactions and provides a preliminary assessment of the likely standard of review applicable to transactions fitting such fact patterns.

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Delaware is the Jurisdiction of Choice for U.S. IPOs

Date Posted: 6/2/2014

Delaware leads the nation in incorporating Initial Public Offerings (IPOs), according to data reported by the Delaware Division of Corporations in its 2013 Annual Report. In the past year, 83 percent of all U.S. IPOs chose to form their business entities in Delaware.

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A Delaware Forum Selection Clause Can Help Delaware Businesses Manage Litigation Risk

Date Posted: 3/20/2014

Managing litigation risk is a challenging but essential task for businesses of all types and sizes. A forum selection clause that designates the Delaware courts for resolving disputes can reduce the chance that a commercial or intra-corporate dispute is litigated by opportunistic counterparties before a court or other tribunal that is inconvenient to your business, or that lacks the specialization needed to most effectively resolve the dispute.

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