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Expert Analysis

Tools To Fight Securities Suits In Cross-Border M&A

Law360, New York ( May 28, 2015, 10:35 AM EDT) -- Litigation following a merger involving publicly traded companies has become so commonplace in recent years that shareholder lawsuits challenging proposed mergers and acquisitions are frequently (and begrudgingly) referred to as a "deal tax." In 2014, such lawsuits were filed in 93 percent of deals valued over $100 million, compared to only 44 percent in 2007. Given these statistics, the current M&A litigation trend is widely regarded as little more than a broad effort to extort attorneys' fees by threatening to hold up deals. The response is typically motions practice, including a motion to dismiss for failure to state a claim, often followed by limited discovery and a settlement....

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