Prof. Ribstein posts about “insta-suits” that are filed in connection with leveraged buyouts and related transactions claiming that the price is too low–realizing that the price will ultimately be increased regardless of the suit due to the normal negotiation process. Also referenced is VC Strine’s opinion in Cox Communications where a scholarly analysis of the issue is provided especially to the extent lawyers seek fees as a result of the increased premia paid. Here is the link:
Ideoblog: What can we do about bad litigation?