Merger and acquisition lawsuits are brought by current shareholders of corporations that are the subject of mergers and acquisitions against directors and officers for their breaches of fiduciary duty in failing to obtain the appropriate value for the shares that will be acquired by the purchasing corporations (from the selling corporations shareholders).
Sturman LLC / Legal Services / Merger and Acquisition Cases
Course of a merger and acquisition
1
Takeover or Merger Announced
2
Check Current Holdings
3
Complaint Filed
4
Discovery
The pre-trial phase of a litigation in which evidence is gathered pursuant to which the parties, through their attorneys, obtain information through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), and written requests for admissions of fact. The process takes place largely without court participation, although the court defines the scope of permissible discovery. Discovery is meant to ensure that no party to a case will successfully conceal pertinent information, allowing cases to be pursued with as much knowledge of the underlying facts as possible.5
Expert Opinions on Actual Value
6
Negotiate Price and or other Remedies
Increase in price paid to shareholders for their holdings in the target company and/or other remedies designed to ensure the sale is fair to the shareholders of the cooperation being purchased.7
Negotiate Corporate Governance
Set of processes, customs, policies, laws and practices affecting the way a corporation is directed, administered or controlled. Corporate governance also includes the relationships among the many parties involved (the stakeholders) and the goals for which the corporation is governed.8
