This year’s upswing in merger and acquisition activity has brought with it an increase in litigation. That’s because mergers nowadays automatically trigger litigation. Nearly every public-company transaction is challenged, often in more than one suit in more than one court.
And merger lawsuits are not increasing just in numbers. They are also expanding in scope, as shareholder plaintiffs, encouraged by recent judicial decisions, seek to bring more defendants into to the litigation mix. The decisional trend suggests the potential for claims against advisers to boards of directors — so-called “informational gatekeepers” — that can constitute an entirely new front in the M&A litigation battles.
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