The number of shareholder challenges to corporate mergers filed in Delaware increased in both 2011 and 2012, reaching their highest total in nearly a decade, according to a new report. However, corporate legal analysts cautiously warn that the good news does not mean the so-called “flight from Delaware” is over.
Of the 608 mergers and acquisitions lawsuits filed in 2012, 239 of them, or 39 percent, were filed in the Delaware Court of Chancery, according to data from Cornerstone Research, a San Francisco consulting firm that analyzes corporate lawsuits.
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