1-Hour Program

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In 2016, the Delaware Chancery Court upended M&A litigation when it held in Trulia that it would no longer approve so-called “disclosure-only” settlements of M&A strike suits.  In response to Trulia, the plaintiffs’ bar began filing M&A strike suits in federal courts all over the country.  Over the last few years, however, it has become clear that the plaintiffs’ bar strategy backfired, as federal courts have frequently denied preliminary injunction and TRO motions seeking to enjoin mergers, finding that plaintiffs cannot meet the exacting standard for a preliminary injunction under the Federal Rules of Civil Procedure.

In this Briefing you will hear from two securities litigation experts, Robert R. Long and Elizabeth Gingold Clark of Alston & Bird LLP, who will discuss emerging trends and developments in M&A litigation since the Trulia decision.  Specific issues to be addressed include:

  • Trulia’s impact on M&A litigation forum selection
  • Recent federal court actions seeking to enjoin mergers
  • Takeaways for in-house counsel and what comes next?

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