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Expert Analysis

Entire Fairness Or Business Judgment? It's Anyone's Guess

Law360, New York ( January 21, 2015, 10:08 AM EST) -- In lawsuits challenging the validity of business transactions and combinations, the most significant issue is often which standard of review the court applies: the defense-friendly "business judgment rule" or the more stringent "entire fairness standard." The standard utilized by the court — or more often, the standard that the parties think the court will apply — can drive decisions on motion practice, settlement discussions and resolution strategy....

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