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Finance
FDIC Professional Liability Lawsuits Deserve Close Scrutiny
Recent Federal Deposit Insurance Corporation (“FDIC”) lawsuits filed against directors and officers of failed financial institutions may shape corporate law for years to come. Although many people assume that the allegations in such FDIC lawsuits are unique to banking, this is...
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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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Business Valuation And Exit Strategies In Volatile Markets
Since 1990, the VIX (the Chicago Board Options Exchange Market Volatility Index) has averaged approximately 20 percent but has skyrocketed in recent years, rising to nearly 90 percent in October 2008 and fluctuating as high as 48 percent in August 2011. How can an owner of a privately held...
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