In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, reviews a recent law firm survey of IPO Governance trends and considers the D&O liability exposure implications. I would like to thank Sarah for allowing me to publish her article on this site.Continue Reading Guest Post: Post IPO-Governance Trends
The annual number and aggregate value of Delaware Court of Chancery M&A lawsuit settlements has grown significantly in recent years, according to a new report from Cornerstone Research. According to the report, which is entitled “M&A Litigation Settlements in the Delaware Court of Chancery: 2012-2024 Review & Analysis,” the median settlement amount has also generally increased in more recent years as well. The September 30, 2025, report can be found here. Cornerstone Research’s September 30, 2025, press release about the report can be found here.Continue Reading Del. Chancery M&A Suit Settlements Increasing in Number and Value
Several years ago, when it became clear that plaintiffs’ lawyers were going to file merger objection lawsuits in connection with essentially every M&A transaction, the D&O insurers responded by adding a separate, larger retention for M&A-related claims. The larger M&A-related claim retention quickly became pretty much a standard feature of public company D&O insurance policies. However, because the M&A claim retention is in many instances substantially larger than the retention that would otherwise apply, the question of whether the larger retention applies to a particular claim can be a significant one. In a recent case, the Delaware Superior Court addressed a D&O insurance coverage dispute in which, among other things, the insurers and the policyholder disagreed on whether the larger M&A-related claim retention applied to the underlying litigation. In an interesting November 23, 2021 opinion (here), Delaware Superior Court Judge Eric Davis held that the larger M&A retention did not apply.
Continue Reading Court Holds Larger M&A-Related Retention Does Not Apply to Securities Claim
One of the most distinctive corporate and securities litigation trend in recent years has been the surge in M&A-related litigation, with virtually every deal attracting at least one lawsuit. This trend continued again in 2013, according to a recently updated study from Notre Dame business professor Matthew Cain and Ohio State law professor Steven Davidoff.
Litigation related to M&A activity continued at an “extremely high rate” in 2012, according to the latest research update from Ohio State law professor Steven Davidoff and Notre Dame business professor Matthew Cain. According to the professors’ analysis, presented in their February 1, 2013 paper entitled “Takeover Litigation in 2012” (here), 91.7% of
According to news reports, on June 1, 2011, Alpha Natural Resources completed its $7.1 billion acquisition of Massey Energy Company. The deal went forward despite last minute efforts by groups of Massey shareholders proceeding in West Virginia and Delaware courts to try to enjoin the transaction on the grounds that the merger did not