On April 8, 2011, the Delaware Court of Chancery handed down a decision (Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH, C.A. No. 5589-VCP (Del. Ch. April 8, 2011)) that might impact how M&A deals are structured and what third party consents must be obtained.
Troubled economic times predictably result in an escalation in bankruptcy filings.