M&A Shareholder Litigation and Bump-Up Claims

Class action shareholder suits against directors and officers often follow mergers and acquisitions. Whether D&O policies cover all shareholders’ claims can be an open question. In particular, so-called “Bump-Up” claims alleging (1) that the acquiring company’s D&Os injured the target company’s shareholders by paying too little for the acquisition, or (2) that the acquired company’s D&Os breached their fiduciary duties to their shareholders by selling the company for too little — are hotly contested. “Bump-Up” claims assume many forms, and there is no one-size-fits-all approach to these complex issues.

This webinar, presented by Partners David Creagan and Justin Fortescue, will discuss M&A shareholder litigation, the different types of Bump-Up claims, D&O policy provisions that address Bump-Up claims, and some key cases involving those claims.