Cliff C. Gardner

Cliff C. Gardner

September 01, 2011 | New York Law Journal

Multi-Forum Deal Litigation: A Growing Concern

Edward B. Micheletti, a partner at Skadden, Arps, Slate, Meagher & Flom, and Cliff Gardner, an associate with the firm, write that where litigation challenging transactions would take place was, not so long ago, nearly universally presumed to be the Delaware Court of Chancery. Today, opportunistic plaintiffs' counsel attempt to create leverage for themselves by also filing deal litigation raising issues of Delaware law in a non-Delaware forum, a trend which poses a number of problems for all the parties involved.

By Edward B. Micheletti and Cliff Gardner

10 minute read