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Nathaniel Asker, Joseph Larson, Nov 30, 2008
A recent case in the Eastern District of Pennsylvania, Charming Shoppes Inc. v. Crescendo Partners II, L.P., raises an interesting standing issue that raiders or activists in proxy contests could use to eliminate Clayton Act §8 (prohibits persons from being officers and directors of competing corporations) as a potential defense for target companies. Specifically, Charming Shoppes he
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