Working Paper

01 September 2014

Zealous Advocates or Self-interested Actors? Assessing the Value of Plaintiffs? Law Firms in Merger Litigation

Using a hand-collected sample of 1,739 class actions that challenge the fairness of M&A transactions from the period 2003 through 2012, we examine the effectiveness of plaintiffs? law firms. We divide plaintiff law firms into...

C.N.V. Krishnan | Steven Davidoff Solomon | Randall Thomas
01 June 2005

Shareholder Suits and Outside Director Liability: The Case of Korea

Reforms to Korean corporate and securities law carried out in the wake of the 1997-1998 East Asian financial crisis included a mandate that boards include a minimum number of outside directors and facilitation of shareholder lawsuits...

Bernard Black | Brian Cheffins | Michael Klausner
22 November 2017

The Shifting Tides of Merger Litigation

In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception that levels of merger litigation were too high and that a substantial proportion of...

Matthew Cain | Jill Fisch | Steven Davidoff Solomon | Randall Thomas
01 March 2020

The Paradox of Delaware’s “Tools at Hand” Doctrine: An Empirical Investigation

Much has been written on the subject of abusive shareholder litigation. The last decade has witnessed at first an increase and then a dramatic spike in such suits, primarily suits filed in connection with mergers and acquisitions....

James D. Cox | Kenneth J. Martin | Randall Thomas