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- Title
The Costs and Benefits of Precommitment: An Appraisal of Omnicare v. NCS Healthcare.
- Authors
Griffith, Sean J.
- Abstract
Analyzes the "Omnicare v. NCS Healthcare" opinion, focusing on its doctrinal foundations as well as its policy implications. Brief overview of the relevant factual and legal background of the case; Examination of the majority's use of existing doctrine; Argument that existing law did not compel the majority's conclusions, but rather that the majority stretched the law to announce its hostility to strong deal protection provisions; Proposed rule that would support the ability of target boards, under certain circumstances, to adopt an affirmative precommitment strategy.
- Subjects
CORPORATION law; MERGERS &; acquisitions law; ACTIONS &; defenses (Law); LEGAL judgments; OMNICARE Inc.; NCS HealthCare Inc.
- Publication
Journal of Corporation Law, 2004, Vol 29, Issue 3, p569
- ISSN
0360-795X
- Publication type
Article