Standstills and No Shops: A Potentially Dangerous MixStephen D. Alexander,Bartley C. Deamer,Mariam Tonya Javaheri,David K. Robbins,James J. Thompson, April 16, 2012
The Delaware Court of Chancery, in its recent ruling, In re Celera Corporation Shareholder Litigation C.A. No. 6304-VCP (March 23, 2012), addressed whether the flexibility intended to be provided by the customary “fiduciary out” clause in acquisition agreements was improperly limited by...