Delaware corporate jurisprudence has long recognized the utility ' and upheld the validity ' of defensive measures implemented in response to, or in anticipation of, hostile takeover threats. The overwhelming
Anti-Takeover Measures in Ebay v. Craigslist
The courts have sought to create a level playing field for hostile takeover such disputes, emphasizing that "a corporation does not have unbridled discretion to defeat any perceived threat." Where does it stand now?
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