Topic: Mergers and Acquisitions
Use the following hypothetical and prompt to write a 20 page research paper:
One of the ramifications of the position taken by the Delaware courts that a Board of Directors, as part of its managerial responsibilities, has the power to take either offensive or defensive actions to protect the interests of all of the shareholders, is that the will of the owners of a majority of the shares can be thwarted by the Board that it helped elect. Opponents of this paternalistic Delaware view have argued that, at least in transaction or proposed transactions that would involve a change of control of the company, the Board of Directors should step aside and let the shareholders make their own investment decisions as to whether to sell their shares, in the same way that the shareholders typically make these decisions when a change of control transaction is not involved. Make your strongest argument for the side of this debate with which you agree, and then identify any downside of that position.
About one-sixth of the paper should be devoted to an introduction to the topic and issues, providing the necessary background material. Roughly one-third of the paper should be devoted to the author’s argument for his/her chosen side of the debate. About one-third should be devoted to identifying and discussing any downside of that position. And roughly one-sixth should be dedicated to a clear and concise conclusion that highlights any pressing questions or matters not discussed elsewhere in the paper.
The writer should use the standard Issue, Rule, Application, and Conclusion (IRAC) organizational and writing style typically used in legal writing.
Citations should be in Bluebook format.
The primary source of research should be relevant court cases from the Delaware Court of Chancery, Delaware appellate court, Delaware supreme court, United States appellate courts and the United States Supreme Court.
Secondary sources should be limited to law review articles within the last five years.
Mergers and Acquisitions: Cases and Materials, Third Edition (Aspen Casebooks) by Therese Maynard should be used as the primary source of the relevant cases.
Note, this is a law school level research and writing assignment, and it is expected that the quality of the research, writing and analysis will be commensurate with such a high level of quality and originality.
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