Jacquelyn Burke

Sep 2, 2024 | corpgov.law.harvard.edu | Peter Adams |Jacquelyn Burke |Linh Nguyen |linh nguyễn

Delaware Supreme Court, M&A, Merger litigation, ShareholdersMore from: Jacquelyn Burke, Linh Nguyen, Peter Adams, CooleyPeter Adams is a Partner, Jacquelyn Burke is a Special Counsel, and Linh Nguyen is an Associate at Cooley LLP. This post is based on their Cooley memorandum.

Jul 11, 2024 | lexology.com | Peter Adams |Jacquelyn Burke |Linh Nguyen |linh nguyễn

Public company insurance policyholders beware: In recent years, insurance carriers have increasingly invoked the “bump-up” exclusion, which is a carve out provision typically found in directors and officers (D&O) insurance policies. In many public company M&A deals, the shareholders of the target or acquired company will file a lawsuit challenging the deal, generally alleging that the board violated its fiduciary duties or the law by selling the company for a below-market price.