janusWhat is the role of defense counsel in deal litigation? What impact does the involvement of “top” deal litigation firms have on lawsuit outcomes? And what will the impact on deal litigation be from the advent of forum selection by-laws and the recent court crackdown on disclosure-only settlements? These are the questions addressed in an interesting May 2, 2016 paper entitled “Divided Loyalties? The Role of Defense Litigation Counsel in Shareholder M&A Litigation” (here), by C.N.V. Krishnan of Case Western Reserve University; Steven Davidoff Solomon of University of California Berkeley Law School; and Randall Thomas of Vanderbilt Law School. A summary of their paper appears in a May 23, 2016 post on the Harvard Law School Forum on Corporate Governance and Financial Regulation (here).
Continue Reading Divided Loyalties? Defense Counsel in M&A Litigation

The possibility that a conflict of interest could arise when an attorney or law firm simultaneously representes a corporation and one or more of its officers or directors is a a frequently recurring issue. The issue  was raised recently, for example, in the civil complaint that former Stanford Financial Group CFO Laura Pendergest-Holt filed against the