A123 Systems: Should a Court Protect Integrity of Its Sale Process?

In her Distress Mergers & Acquisitions column, Jones Day partner Corinne Ball review a recent case where the court was confronted with allegations, which, if proven, suggested that the extraordinary efforts of the parties to achieve a price almost double the originally selected bid would also enable the disgruntled, losing bidder to take advantage of the sale structure, claim its break-up fee, and still gain the assets at a lesser price.

This article requires premium access

This article requires premium access to The New York Law Journal. Please sign in or subscribe to read the full text.