Managing Litigation Risk in Single-Bidder Transactions
David Ross and Eric Selden
The M&A Lawyer (Aug. 2013)
David Ross and Eric Selden published an article in The M&A Lawyer entitled Managing Litigation Risk in Single-Bidder Transactions. The article addresses the Delaware Court of Chancery’s recent decisions in In re Plains Exploration & Production Co. Stockholder Litigation, C.A. No. 8090–VCN, and Koehler v. NetSpend Holdings, Inc., C.A. No. 8373–VCG, both of which involved litigation challenging single-bidder transactions. After analyzing the facts and rulings in both cases, the authors provide key takeaways for boards of directors and practitioners on managing litigation risk when contemplating a transaction with a single bidder.