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Finance

Acquirors Beware: The Unintended Standstill Consequences Of Confidentiality Agreements

A recent Delaware Court of Chancery decision highlights the importance of careful review and negotiation of the confidentiality agreements typically entered into at the beginning of the merger and acquisition process. In Martin Marietta Materials, Inc. v. Vulcan Materials Company (Del. Ch. 2012...

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Litigation

The Ascertainability Requirement For Class Certification: Origins And Applications

Class certification is a watershed moment in high-stakes class action litigation. For defendants, class certification can represent the difference between being forced to proceed with a “bet the company” trial or to negotiate a settlement with little leverage, on the one hand,...

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Contracts

As Local As Local Law Gets - Part II: New Jersey 2010-2011 Court Term Civil Case Highlights

Our original article detailing some of the more notable provisions of New Jersey’s state court and federal local rules received such overwhelming interest that we decided to write this follow-up segment. A backlog of cases during the 2010-2011 court term did not deter New Jersey state...

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