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Revisiting And Re-Evaluating Omnicare 10 Years Later, Megan Wischmeier Shaner
Revisiting And Re-Evaluating Omnicare 10 Years Later, Megan Wischmeier Shaner
Megan Wischmeier Shaner
Abstract Known as one of the premier business courts in the country, very few decisions of the Delaware Supreme Court have garnered as much criticism as Omnicare, Inc. v. NCS Healthcare, Inc. In a court famously known for issuing unanimous decisions, Omnicare led to two separate dissenting opinions. In the dissents and in the years since its issuance, the majority’s decision has been faulted not only for its doctrinal shortcomings, but also for its potentially negative impact on M&A activity and its poor corporate policy implications. This has led many academics and practitioners to ask whether Omnicare was a normatively …
Revisiting And Re-Evaluating Omnicare 10 Years Later, Megan Wischmeier Shaner
Revisiting And Re-Evaluating Omnicare 10 Years Later, Megan Wischmeier Shaner
Megan Wischmeier Shaner
Abstract Known as one of the premier business courts in the country, very few decisions of the Delaware Supreme Court have garnered as much criticism as Omnicare, Inc. v. NCS Healthcare, Inc. Indeed, much of the criticism originated from the court itself; in a court famously known for issuing unanimous decisions, Omnicare led to two separate dissenting opinions. In the dissents and in the years since its issuance, the majority’s decision has been faulted not only for its doctrinal shortcomings, but also for its potentially negative impact on merger and acquisition activity and its poor corporate policy implications. This has …
Revisiting And Re-Evaluating Omnicare 10 Years Later, Megan Wischmeier Shaner
Revisiting And Re-Evaluating Omnicare 10 Years Later, Megan Wischmeier Shaner
Megan Wischmeier Shaner
Abstract Known as one of the premier business courts in the country, very few decisions of the Delaware Supreme Court have garnered as much criticism as Omnicare, Inc. v. NCS Healthcare, Inc. Indeed, much of the criticism originated from the court itself; in a court famously known for issuing unanimous decisions, Omnicare led to two separate dissenting opinions. In the dissents and in the years since its issuance, the majority’s decision has been faulted not only for its doctrinal shortcomings, but also for its potentially negative impact on merger and acquisition activity and its poor corporate policy implications. This has …