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Morris Nichols Alert Featured in Harvard Law School Forum on Corporate Governance and Financial Regulation

Wilmington, DE (November 21, 2013) – Morris Nichols’ Delaware Alert: Don’t Ask/Dont Waive Standstills & Attorneys Fees in Delaware, was featured in the Harvard Law School Forum on Corporate Governance and Financial Regulation on November 18, 2013.  It is the second Morris Nichols memorandum presented by HLS Forum this month, and was authored jointly by Morris Nichols’ Corporate and Business Litigation Group members William Lafferty and John DiTomo and Delaware Corporate Law Counseling Group members Andrew Johnston, Eric Klinger-Wilensky, and Jason Tyler.

The Alert provides an analysis of the recent bench ruling by the Court of Chancery which refined its law both as to the substantive validity of a “don’t ask/don’t waive” provision coupled with a negative covenant against waiving such a provision, and as to procedural questions regarding attorneys’ fees in class action lawsuits. 

In addition to the substantive and procedural developments discussed in the Alert, the bench ruling serves as a reminder of the interconnected nature of transaction advice and litigation advice with respect to M&A transactions.

Click here to download a reprint of the Harvard Law School Forum pdf (185 KB).