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Expert Analysis

Slicing And Dicing The Delaware Carve-Out

Law360, New York ( March 13, 2013, 10:39 AM EDT) -- With the 2013 proxy season started, a new trend of proxy-driven litigation promises to raise blood pressures in the board rooms of America. Plaintiffs' firms — perhaps buoyed by earning fees from the uniform filing of challenges to virtually every merger or go-private transaction in recent years, on price, disclosure or board process or all of the above — are seeking to fashion a new cottage industry through the "Delaware carve-out" to the securities litigation reform acts (PSLRA and SLUSA) of the 1990s, and more of these proxy suits promise to come....

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