A Great Game: The Dynamics of State Competition and Litigation

Author:Matthew D. Cain & Steven Davidoff Solomon
Position:Economic Fellow, U.S. Securities and Exchange Commission, Division of Economic and Risk Analysis/Professor of Law, University of California, Berkeley School of Law

We theorize a multi-dimensional picture of jurisdictional competition for corporate litigation. We test this theory by examining merger litigation in a hand-collected sample of 1117 takeovers from 2005 to 2011. We find evidence of state competition for merger litigation. Entrepreneurial plaintiffs' attorneys drive this competition by bringing suits in jurisdictions which have previously awarded... (see full summary)

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