Public companies and their boards of directors face challenging legal issues when embarking on any business combination. When the deal wraps up, everyone generally breathes a sigh of relief. But the real legal challenge may begin immediately after the companies publicly announce the deal.
Shareholders increasingly sue corporate officers and boards of directors, alleging that proposed business combinations are unfairly priced, insufficiently disclosed or both. They often seek injunctive relief to stop the transaction. Companies and their boards of directors often face the Hobson’s Choice of defending the merits of the business combination with its inherent delay or overpaying to settle potentially meritless claims.
