Shareholder Merger Litigation

Mergers, acquisitions, management-led buyouts, tender offers and other business combinations can often be unfair to investors of the target companies with respect to both price and process. While corporate officers and directors  are obligated to act in the best interest of shareholders in connection with the sale of a company, these leaders sometimes fail to fulfill their fiduciary responsibilities, particularly when their own financial interests conflict with those of the shareholders.

Komlossy Law, P.A. has the experience to litigate class actions on behalf of shareholders who believe that a specific acquisition may be the result of unfairness.  With substantial experience in the class action merger arena, the firm is prepared to litigate on behalf of shareholders seeking monetary recoveries, favorable changes to merger agreements protecting and maximizing shareholder value, and obtaining more complete disclosure of material information to improve the shareholders’ ability to assess proposed transactions.

The founder of Komlossy Law, P.A. has been actively involved in prosecuting many merger-related class actions, including In re Alfa Corp. Shareholder Litig., Case No. 03-CV-2007-900485.00 (Montgomery Cty, Ala. Cir. Ct.) (one of plaintiffs’ counsel instrumental, along with the Company’s special committee, in securing an increased share price for shareholders of $22.00 from the originally-proposed $17.60 per share offer, which represented over a $160 million benefit to class members, and further, obtained additional proxy disclosures to ensure that Alfa shareholders were fully-informed before making their decision to vote in favor of the merger, or seek appraisal); and co-lead or lead in cases which provided valuable material disclosures, including In re Bronco Drilling Co., Inc. Shareholder Litigation, Cons. C.A. No. 6398-VCP (Del. Ch.); In re Burger King Holdings, Inc. Shareholder Litigation, Case No. 10-48395 CA 40 (11^th Jud. Cir., Fla.); In re CKx, Inc. Shareholder Litigation, Cons. C.A. No. 5545-CS (Del. Ch.); In re The Coca-Cola Company Shareholder Litigation, C.A. No. 2010 CV 182035 (Fulton Super. Ct., Ga.); In re Marvel Entertainment, Inc. Shareholder Litigation, Index No. 09/602706 (New York Sup. Ct.) and In re Sepracor Inc. Shareholders Litigation, Cons. C.A. 4871-VCS (Del. Ch.).