- Collection:
- Dean Rusk International Law Center Collections
- Title:
- Legal Factors in the Acquisition of a United State Corporation: Litigation by Hostile Targets
- Creator:
- Droogmans, Johan E.
- Date of Original:
- 1987-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
International law - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- dissertations
- Type:
- Text
- Format:
- application/pdf
- Description:
- Acquisitions -- Corporate law -- Corporate takeover -- Bidders -- Targets -- Litigation -- Litigation strategies -- Securities law -- Antitrust law -- Margin regulations -- Anti-racketeering law -- Securities and Exchange Act of 1934 -- Williams Act -- Target litigation -- Stocks -- Proxy regulations -- Tender offers -- Civil Rico Actions -- State takeover statutes -- Civil law -- Common law -- Hostile bidders -- Hostile targets -- Target lawsuits -- Antitrust and Trade Regulation -- Business Organizations Law -- Civil law -- Common law -- Law and economics -- Legal remedies -- Litigation -- Securities law
Acquisitions of United States corporations have become increasingly complex takeover contests, where bidders and target corporations are forced into offensive and defensive litigation strategies to protect their respective interests. Targets often assert that the bidders have violated federal or state securities laws, federal antitrust laws, federal margin regulations, federal and state regulatory systems, and federal anti-racketeering laws. These lawsuits are primarily based on the principal federal regulation of takeovers in section 14(a) of the Securities and Exchange Act of 1934 and the Williams Act. Target litigation is customary, but entails certain disadvantages; a lawsuit rarely stops an offer, is expensive, and often generates counter litigation by the bidder. This paper analyzes the use of such litigation by target company managements. This paper asks questions such as why target managers sue, whether or not the lawsuits are effective, and who benefits from these suits. - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/stu_llm/168
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
