Mergers & Acquisitions Litigation
PDFWith unrivaled knowledge of Delaware corporate law, Morris Nichols represents companies, boards of directors and special committees in litigation arising from contemplated or hostile transactions, including mergers and acquisitions. We work closely with our Corporate Counseling, Alternative Entity Counseling, and Commercial Transactions teams to anticipate potential issues before a transaction is announced, and develop informed strategies based on our deep understanding of the law and courts.
Our lawyers routinely handle a full range of M&A related disputes, including class and derivative breach of fiduciary duty actions, busted deal cases involving material adverse change provisions, claims involving activist shareholders; statutory appraisal actions; challenges to shareholder rights plans; and other transaction related litigation.
News
- Speaking Engagement, 11.13.2024
Bill Lafferty participates in this disucussion of potential 2025 market and legal trends.
- Media Mention, 11.07.2024
Delaware metropolitan categories cover core business law areas, including corporate law, bankruptcy, M&A, and patent litigation.
- Media Mention, 09.19.2024
Morris Nichols has made Law360’s annual list of Delaware Regional Powerhouse law firms for the fourth year in a row.
- Media Mention, 09.09.2024
Lawdragon500 Leading Litigators in America’s annual guide includes seven Morris Nichols partners from the firm’s corporate litigation and IP litigation practices.
- Media Mention, 08.15.2024
The Best Lawyers in America has released its 2025 edition listing 39 attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 160,000 eligible attorneys.
- Media Mention, 06.12.2024
In the 2024 edition, Morris Nichols again appears in two Legal 500 practice categories for M&A litigation defense and Delaware counsel. Nineteen Morris Nichols attorneys are mentioned in the editorial for their work in M&A litigation and Delaware corporate and commercial law.
- Speaking Engagement, Orlando, FL | Virtual, 04.04.2024 through 04.06.2024
Three Morris Nichols partners will participate in the meeting as committee leaders and speakers.
- Speaking Engagement, New Orleans, LA | Virtual Livestream, 03.07.2024 through 03.08.2024
Bill Lafferty serves as a co-chair of the conference planning committee. He moderates the March 7 “Delaware Developments” panel.
- Speaking Engagement, New York City | Virtual, 02.28.2024
Melissa DiVincenzo will speak on “The Art of Deal Structuring” panel.
- Firm News, 11.02.2023
The 2024 edition of Best Law Firms® ranks Morris Nichols in 20 Delaware practice areas.
- Firm News, 10.12.2023
On October 10, 2023, the Delaware Supreme Court fully upheld The Williams Companies’ victory in a seven-year litigation concerning a post-merger termination fee dispute between The Williams Cos. and Energy Transfer Equity LP.
- Speaking Engagement, New York City | Virtual, 09.20.2023
Eric Klinger-Wilensky will speak on the panel “Overview of Hostile M&A and Deal protections.”
- Media Mention, 09.13.2023
Lawdragon500 Leading Litigators in America second annual guide includes six Morris Nichols partners from the firm’s corporate litigation and IP litigation practices.
- Media Mention, 08.22.2023
A combination of steady work, a collaborative environment, and practices focused on Delaware statutes, caselaw, and courts have all contributed to Morris Nichols’ inclusion on Law360’s list of 2023 Regional Powerhouses.
- Media Mention, 08.17.2023
The Best Lawyers in America has released its 2024 edition, listing 39 attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 76,000 eligible attorneys.
- Media Mention, 06.07.2023
The Legal 500 US, a nationwide guide to the foremost law firms in the United States has again ranked Morris Nichols.
- Speaking Engagement, Newark, DE, 04.04.2023
Bill Lafferty co-moderates this distinguished speaker program presented by The University of Delaware John L. Weinberg Center for Corporate Governance.
- Speaking Engagement, New Orleans, LA and Livestream, 03.23.2023 through 03.24.2023
Bill Lafferty serves as a conference co-chair of the Tulane University Law School’s 35th Annual Corporate Law Institute. Tarik Haskins serves as a conference speaker.
- Speaking Engagement, New York City | Virtual, 03.01.2023
Melissa DiVincenzo will speak on “The Art of Deal Structuring” panel.
- Media Mention, 11.03.2022
Morris Nichols was selected for inclusion in a range of Delaware business law categories including corporate law and transactions; bankruptcy and reorganizations; and M&A, IP and patent litigation.
- Media Mention, 10.10.2022
The inaugural list of Lawdragon 500 Leading Litigators in America includes five Morris Nichols partners from the firm’s corporate litigation and IP litigation practices.
- Media Mention, 08.18.2022
The Best Lawyers in America has released its 2023 edition, listing 35 attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 71,000 eligible attorneys.
- Media Mention, 07.22.2022
John DiTomo offers insight on Delaware cases to watch in the second half of 2022.
- Media Mention, 06.08.2022
Morris Nichols was again ranked in The Legal 500 US, a nationwide guide to the foremost law firms in the United States.
- Media Mention, 06.01.2022
Chambers USA has again ranked Morris Nichols in Band 1 for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property.
- Speaking Engagement, Virtual | Atlanta, 03.31.2022 through 04.02.2022
The American Bar Association hosts their hybrid Business Law Section spring meeting from March 31-April 2, 2022. Three Morris Nichols partners will participate as committee leaders and speakers.
- Speaking Engagement, New Orleans, LA and Livestream, 03.17.2022 Through 03.18.2022
Morris Nichols partner Bill Lafferty serves as co-chair of Tulane University Law School’s 34th Annual Corporate Law Institute.
- Speaking Engagement, Virtual | New York City, 03.02.2022
Melissa DiVincenzo speaks on “The Art of Deal Structuring” panel.
- Speaking Engagement, Virtual, 01.11.2022
Morris Nichols partners Mark Hurd and Eric Klinger Wilensky to present Delaware corporate law update.
- Speaking Engagement, Virtual | San Francisco, CA, 11.11.2021 Through 11.12.2021
Bill Lafferty will speak on a panel at the Berkeley Fall Forum.
- Media Mention, 11.04.2021
The 2022 edition of U.S. News - Best Lawyers “Best Law Firms” ranks Delaware law firm Morris Nichols in 25 areas.
- Media Mention, 08.19.2021
The Best Lawyers in America has released its 2022 edition, listing thirty-two attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 66,000 eligible attorneys.
- Media Mention, 07.26.2021
Morris Nichols litigator Ryan Stottmann was selected to the 2021 Benchmark Litigation list of top emerging talent in litigation.
- Media Mention, 06.10.2021
Morris Nichols was ranked in The Legal 500 US, a nationwide guide to the foremost law firms in the United States.
- Media Mention, 05.19.2021
The M&A Journal recently featured commentary from the 33rd Annual Tulane Corporate Law Institute. Morris Nichols partner Bill Lafferty co-chaired the virtual conference in March 2021.
- Firm News, 05.03.2021
In April 2020, the Delaware Supreme Court heard arguments on Cigna’s appeal, and on May 3, 2021, affirmed the trial court’s decision and rejected bid for the $1.85 billion termination fee.
- Firm News, 12.09.2020
Morris Nichols is pleased to announce eleven law clerks employed by the firm were each issued a Certified Limited Practice License* (CLPL) by the Delaware Supreme Court this week.
- Morris Nichols Ranked in Twenty-Six Practice Areas in 2021 U.S. News - Best Lawyers “Best Law Firms”Firm News, 11.05.2020
Morris Nichols was selected for inclusion in a range of Delaware business law areas, listed below, as well as a national tier for “Litigation – Mergers & Acquisitions.” The rankings are based on a combination of client feedback, survey responses, and peer review.
- Firm News, 10.05.2020
- Firm News, 08.20.2020
Thirty-one Morris Nichols attorneys were recognized in the 2021 edition of The Best Lawyers in America. The results are based on peer-review evaluations from more than 67,000 eligible attorneys.
- Firm News, 07.30.2020
Insights
- Article, Law360, 06.25.2024
Bill Lafferty and Eric Klinger-Wilensky contributed to a Law360 article on deal certainty.
- Article, Weil Private Equity Sponsor Sync newsletter, Spring 2024
Bill Lafferty and Eric Klinger-Wilensky co-authored an article on recent Delaware law updates.
- Publication, 02.2024
Morris Nichols’ M&A Checklist summarizes key cases decided by the Delaware courts. Now updated for 2024 and available in PDF format, it is an essential tool for M&A dealmakers.
- Article, Bloomberg Law, 10.01.2020
In its 2020 session, the Delaware legislature passed a number of amendments to the Delaware General Corporation Law and the Delaware “alternative entity” statutes—the Delaware Limited Liability Company Act, the Delaware Revised Uniform Limited Partnership Act, the Delaware Revised Uniform Partnership Act and the Delaware Statutory Trust Act.
- Delaware Supreme Court Rules on “Necessary and Essential” Condition for LP Books and Records DemandsClient Alert, 08.13.2020
The Delaware Supreme Court recently decided the case of Murfey v. WHC Ventures, LLC, No. 294, 2019 (Del. July 13, 2020), which involved a dispute over whether the plaintiff limited partners were entitled to certain books and records under the partnership agreement in question.
- Client Alert, 04.16.2020
As COVID-19 continues to affect the legal community and the world in various ways, Delaware courts and state agencies have issued orders concerning COVID-19 measures. Here, we have consolidated key Delaware law resources on the unfolding situation. Our attorneys are committed to serving our clients through this challenging time.
Practice Contacts
Professionals
- Jon E. Abramczyk
- Thomas W. Briggs Jr.
- Megan Ward Cascio
- Matthew R. Clark
- Kevin M. Coen
- Alexandra M. Cumings
- John P. DiTomo
- Miranda N. Gilbert
- Alec Hoeschel
- S. Mark Hurd
- Eric S. Klinger-Wilensky
- William M. Lafferty
- D. McKinley (Mac) Measley
- Elizabeth A. Mullin Stoffer
- Kenneth J. Nachbar
- Lauren K. Neal
- R. Judson Scaggs, Jr.
- Ryan D. Stottmann
- David J. Teklits
- Rachel R. Tunney
- Susan W. Waesco
- Thomas P. Will
Litigation Suite
The Morris Nichols Litigation Suite for visiting counsel features over 4,000+ sq. ft. of state-of- the-art technology. Your legal team will benefit from both individual offices that provide comfortable space for confidential matters as well as over-sized multi-purpose rooms which afford a collaborative war-room environment when necessary. MORE
Landmark Victory for Anthem in High-Profile Merger Litigation
Morris Nichols, partnering with litigation counsel White & Case, achieved victory for Anthem in a long-running “busted deal” dispute against their former merger partner, Cigna. The case arose from the failed $54 billion merger of the country’s second-and third-largest commercial health insurers.MORE