This Note examines certain legal issues arising out of the increasing popularity of cash tender offers as a means for gaining control of public companies. Specifically, this Note will examine The Williams Act and its protection against possible fraud committed by parties attempting to use cash tender offers to take control of a company. Next, the Note will review the U.S. Supreme Court decision Piper Aircraft, Inc. v. Chris-Craft Industries, Inc. to see if a tender offeror can sue for damages under section 14(e) of Securities Exchange Act of 1934 if it is defrauded by another tender offeror.
James A. Scaduto,
Standing Under Section 14(e) Of The Securities Exchange Act of 1934: May A Tender Offeror Sue For Injunctive Relief?,
8 Fordham Urb. L.J. 405
Available at: http://ir.lawnet.fordham.edu/ulj/vol8/iss2/5