A number of bankers are going from passive to pugnacious in dealing with lawsuits tied to planned mergers. And they're winning.

Mergers frequently draw attention from a slew of shareholder rights lawyers who announce plans to investigate the financial merits of a deal before the ink had had time to dry. Historically, bankers had taken the attitude that they were better off settling such lawsuits to avoid delays, added costs or a deal's derailment.

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