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Corporate & Securities Law

: BusinessAssociationsBlog.com

Judicial Review of Board Rejection of a Merger Bid

By Stephen Bainbridge

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"In statutory acquisitions, such as mergers or asset sales, the target’s board of directors’ gatekeeping function is established by statute. If the board rejects a proposed transaction, the shareholders are neither invited to, nor entitled to, pass on the merits of that decision.” Stephen M. Bainbridge, Unocal at 20: Director Primacy in Corporate Takeovers, 31 Del. J. Corp. L....

[continued on site]

Full post as published by BusinessAssociationsBlog.com on February 18, 2008 (boomark / email).

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