"Increasing numbers of M&A litigation cases are now being heard in federal and other state courts following the implementation of Delaware’s In re Trulia in 2015. But overall M&A litigation figures remain largely unchanged.
Some believe that only robust disclosures have been taken to Delaware, post Trulia. 'We are seeing more boards and their advisors interested in protecting themselves by bolstering disclosure, and I think that is a positive thing,' said Yosef Riemer, partner at Kirkland & Ellis.
Matt Solum, also of Kirkland & Ellis agrees: 'Now the front line is saying, "look, let’s make sure that this occurs because we are not going to get a second bite of the apple'".'"
This article appeared in its entirety in the March 8, 2017 edition of IFLR.