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- Title
STRETCHING THE LIMITS OF DEAL PROTECTION DEVICES: FROM OMNICARE TO WACHOVIA.
- Authors
Gerasimchuk, Eleonora
- Abstract
The article focuses on the expansion of the limits of deal protection devices in relation to the case Omnicare v. NCS Healthcare. It recalls that the Delaware Supreme Court held that deal protection devices serving as an alternative deal are considered invalid under the standard set by the case Unocal Corp. v. Mesa Petroleum Co. It examines several judgments made by courts after the Omnicare case which include the cases Orman v. Cullman and Toys "R" Us Inc. shareholder litigation. It concludes that courts have been narrowing the decision in Omnicare.
- Subjects
DELAWARE; DEALS; LEGAL judgments; OMNICARE Inc.; NCS HealthCare Inc.; DELAWARE. Supreme Court
- Publication
Fordham Journal of Corporate & Financial Law, 2010, Vol 15, Issue 3, p685
- ISSN
1532-303X
- Publication type
Article