Increasing numbers of M&A litigation cases are now being
heard in federal and other state courts following the
implementation of Delaware’s In re Trulia
in 2015. But overall M&A litigation figures remain largely
The measures were brought by the court system to lower the
high proportion of M&A cases that were being litigated in
the state by limiting disclosure-only settlements. This made
success more difficult for litigation in instances that were
not deemed entirely necessary to shareholders, and whose only
end was to earn high fees for plaintiffs.
Trulia has made the court less receptive, and far less
attractive, to plaintiffs and their claims which has, in turn,
reduced the number of transactions litigated in Delaware.
The number of deals attracting a lawsuit in Delaware fell
from 61% in 2015 to 32% in 2016. The overall number of M&A
transactions to be...