At key moments in what would be the longest merger fight in U.S. history, PeopleSoft and its lawyers fought among themselves about as much as they jousted with Oracle. PeopleSoft waived privilege to make a point with a Delaware judge and then sat back while a new counsel blunted its effect. It campaigned for DOJ intervention, but watched in horror as one of the toughest judges in the West presided over the antitrust suit. The battle became the latest example of the wrenching choices faced by merger targets.
Susan Beck of The American Lawyer wrote this very long and very interesting article about Peoplesoft's losing battle to stave off Oracle's bid for the company.