M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

Wednesday, February 13, 2013

Dell and transaction-related litigation

I'll admit to being disappointed by the work ethic of the plaintiff's bar -- so far only 6 complaints have been filed against the Dell transaction.  My guess was 9.  Six, though, is still above average.  Steven Davidoff and Matt Cain have released their statistical compendium of transaction-related litigation for 2012 (SSRN: Takeover Litigation in 2012).  This is the second iteration of this statistical compilation and it has quickly become a must read for those of us interested in the issue of transaction-related litigation.  


We see the steady upwards trend in transaction-related litigation and how it has really exploded since 2005.  Now, almost 92% of all transactions are accompanied by litigation of some sort and 50% of that involved multi-forum litigation.  Davidoff and Cain also report median attorneys’ fees for settlements of $595,000 in 2012.  



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