Further to our posts about the DFC Global appeal, today the Delaware Supreme Court granted the February 3 motion by the Law & Economics Professors arguing against the adoption of a presumption requiring chancellors to defer to merger price in all M&A deals resulting from an apparently robust auction process.  The Supreme Court is now prepared to consider the competing amici briefs filed by both groups of academics who are respectively supporting the opposing parties in the case; in an earlier post today we shared this summary and assessment of the arguments in those competing amici briefs.

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