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Practice Areas

Mergers and Acquisitions

Our mergers & acquisition (M & A) litigation practice represents investors in cases arising from alleged violations of fiduciary duties involving a sale, merger, buyout or "going private" transaction. We typically bring claims on behalf of shareholders when the board of a company being acquired in a transaction fails to conduct an adequate and fair pre-transaction sales process to insure that its shareholders realize the full value of their investment. Settlements can result in an increased offer price, a more effective and fair invitation to other suitors, an injunction of a transaction that offers inadequate consideration to the shareholders, and other substantial benefits for shareholders.

The firm is currently prosecuting a number of M & A cases - also known as transaction or deal cases - including lawsuits alleging wrongdoing at PHC Inc., Winner Medical Corp, and China Transinfo Tech. 

Berman DeValerio's successful prosecution of M & A cases include representing co-lead plaintiffs in In re Nationwide Financial Services Inc. Consolidated Shareholder Litigation, which settled after the purchasing entity agreed to increase its original offer by 11%, resulting in a $232.8 million benefit to Nationwide's shareholders. The firm also served on the executive committee in In re Alberto-Culver Company Shareholder Litigation, which settled in February 2011 with an agreement to delay votes on the merger to allow consideration of additional bidders, a reduced breakup fee, and other improvements for shareholders. In another case, In re OpenTV Shareholder Litigation, the firm represented OpenTV shareholders who challenged a proposed buyout initiated by the controlling shareholders. As co-lead counsel in that case, Berman DeValerio negotiated a settlement that obtained additional disclosures and removed coercive elements from the buyout transaction.

For a complete list of our M & A cases, use the pull-down menu on the right, select the "Mergers and Acquisitions" practice area in the second field, and click "Search."