Tender Offers: An Analysis of the Early Development of Standing to Sue Under Section 14(e)

Examines the development of the law of standing to sue under section 14(e) of the Securities Exchange Act of 1934. The author concludes that the judiciary has failed to set out a well-reasoned precedent for the future; yet the law is still evolving and the prospects for ultimately developing sound guidelines in this area are far from lost. Finally, the author suggests that courts should discount the poorly reasoned opinions to date and follow the example set in Chris-Craft and Porter.