A Reuters investigation: “No one has filed more challenges to M&A deals since 2011 than Hilary Kramer. She says she’s acting in the interest of shareholders, but they haven’t received a penny. Lawyers, though, have made millions.” The frequent media guest says her more than 40 class action lawsuits are one way she sticks up for investors, but hasn’t always been so ready to take credit: “Kramer doesn’t appear to have divulged her class actions to her subscribers, a Reuters review of her newsletters found.”
2 Comments
As a shareholder — which means someone who wishes to be a silent partner in a well-run business — I have many issues in the manner in which a lot of publicly owned corporations are run. However, until the Delaware Court of Chancery decides to look at the facts in a case instead of rolling over when management decides it can buy out the shareholders with the shareholders’ money, or Pennsylvania realizes that “community interest” consists of blackmail, we’re going to have messes like last year’s Dell takeout, offering us a weird world in which Carl Icahn is a good guy. Here’s how to increase shareholder takeaway when a company is being bought out: see what company Warren Buffett is buying, go to the option charts and sell as many naked puts below Buffett’s price as you can.
Dealing with lawyers will never make anyone money except for the lawyers.
Bob
In a Private Equity/Venture Capital class in law school I was told that there is a race to file challenges by both opponents and sympathetic firms so as to be first in line and “get” the case – firms don’t mind the smaller claims because a quick settlement (say, of 20-30 hours of work by the filing attorney) is cheaper than a lengthy examination of their compliance with shareholder duties and prevents subsequent challenges of the deal.