M&A Litigation 2018

1 Identify the main claims shareholders in your jurisdiction may assert against corporations, officers and directors in connection with M&A transactions.

The main claims shareholders may assert are:

• claims related to any violation of the corporation by-laws or legal provisions that might have occurred in the context of an M&A transaction;
• indemnification claims against officers and directors for damage caused to the corporation in violation of the by-laws, or as a result of acts or omissions performed with:
• negligence;
• recklessness;
• lack of professional skills; or
• wilful misconduct; and
• indemnification claims against controlling shareholders for any damage caused by acts performed by an abuse of power.