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67 Hastings L.J. 849 (2015-2016)
Talent for Sale: The Need for Enhanced Scrutiny in Judicial Evaluation of Acqui-Hires

handle is hein.journals/hastlj67 and id is 851 raw text is: Talent for Sale: The Need for Enhanced Scrutiny in Judicial Evaluation of Acqui-Hires SAMANTHA NOLAN* Large technology corporations are purchasing smaller companies at an increasing rate with one goal in mind-engineers. This practice has recently been given its own name- acqui-hiring. The buying corporation purchases the target, poaches its employees, jettisons its projects, and generally kills the company. Who is injured in this process? Those who were legally supposed to be afforded the highest degree of protection at the target companies -the shareholder investors. This Note examines the practice of acqui-hiring and suggests that courts should analyze these transactions under heightened scrutiny. When addressing a target board's decision to enter into an acqui-hire, courts can find guidance in Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., an acquisition case that arose during a climate of similar corporate concerns. * J.D. Candidate, 2o16, University of California Hastings College of the Law; Production Editor, Hastings Law Journal. I would like to thank Professor Jared Ellias for his assistance with my topic development. Also, thank you to Elizabeth Lee, Regina Durr, Traci Aoki, and Lesley Hamilton, along with entire staff of the Hastings Law Journal, for their hard work in getting this Note to its publishable state. I would also like to thank the most loyal dog ever, Bruiser, for the countless hours he spent on my lap during the process of researching, writing, and editing this Note. Most importantly I would like to thank my family, especially my fiance, Andrew Bryson, for providing me with unwavering support throughout law school.