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Acquirors Beware: The Unintended Standstill Consequences Of Confidentiality Agreements
A recent Delaware Court of Chancery decision highlights the importance of careful review and negotiation of the confidentiality agreements typically entered into at the beginning of the merger and acquisition process. In Martin Marietta Materials, Inc. v. Vulcan Materials Company (Del. Ch. 2012...
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Business Valuation And Exit Strategies In Volatile Markets
Since 1990, the VIX (the Chicago Board Options Exchange Market Volatility Index) has averaged approximately 20 percent but has skyrocketed in recent years, rising to nearly 90 percent in October 2008 and fluctuating as high as 48 percent in August 2011. How can an owner of a privately held...
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The Second Circuit Weighs In On Challenges To Class Certification In MBS-Related Litigation
The Second Circuit recently issued a decision that will impact the scope of class actions in mortgage backed securities-related litigation. In N.J. Carpenters Health Fund v. RALI Series 2006-Q01 Trust, Nos. 11-1683 & 11-1684 (2d Cir. 2012), the court affirmed a district court decision...
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