• April 9th, 2016

Mergers and Acquisitions

Paper, Order, or Assignment Requirements

Use the following hypothetical and prompt to write a 20 page research paper:

 

One of the ramifications of the position taken by the Delaware courts that a Board of Directors, as part of its managerial responsibilities, has the power to take either offensive or defensive actions to protect the interests of all of the shareholders, is that the will of the owners of a majority of the shares can be thwarted by the Board that it helped elect. Opponents of this paternalistic Delaware view have argued that, at least in transaction or proposed transactions that would involve a change of control of the company, the Board of Directors should step aside and let the shareholders make their own investment decisions as to whether to sell their shares, in the same way that the shareholders typically make these decisions when a change of control transaction is not involved. Make your strongest argument for the side of this debate with which you agree, and then identify any downside of that position.

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