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

, New York Law Journal


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.

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