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Prof. Joe Grundfest and attorney Joel Fleming on Delaware contingency fees

Shareholder Primacy

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Federal vs. Delaware: The Trial Conundrum

This chapter examines the contrasting legal landscapes of federal and Delaware courts, particularly focusing on the rarity of trials in securities class actions. It highlights how the unique characteristics of Delaware litigation lead to more trials compared to federal cases, despite similar legal representation. The discussion emphasizes the dynamics of settlement negotiations, uncertainties in litigation, and the implications of trial outcomes for both plaintiffs and defendants.

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