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Tariq Mundiya, a partner at Willkie Farr & Gallagher, writes: Delaware court decisions from earlier last year rejecting stockholder challenges to the Activision-Vivendi Games and the BEA Systems-Oracle transactions signaled that, because of marketplace disruptions, courts were increasingly reluctant to interfere with the completion of deals, particularly where there were no other viable bidders. The three decisions in Merrill Lynch, Bear Stearns, and Wachovia confirm, however, that courts will nonetheless actively scrutinize quickly made decisions under well-established principles before giving target directors the benefit of the business judgment rule.
January 06, 2009 at 12:00 AM
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