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Enhanced Scrutiny & Special Rules for Mergers
Updated 11/3/23
We've been chugging through the different ways of breaching the duty of loyalty, but we'll take a minor detour from the categorical approach to look at how it is breached in mergers and acquisitions. This will introduce us to the third standard of review: enhanced scrutiny. It will also introduce Revlon duty, which is the specific duty to maximize the price in a sale of the company.
This detour will also prepare us to discuss disclosure duties and ratification.
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