Court Reinforces Principle that in Most Circumstances Appraisal is the...
On January 10, 2012, in the case of In Re Appraisal of the Aristotle Corporation, the Delaware Court of Chancery addressed an issue of first impression with respect to the standing of stockholders, who...
View ArticleAppraisal Actions Must Be Instituted Separately From Claims of Wrongdoing...
It is not uncommon for shareholders who seek appraisal of their shares, pursuant to Section 262 of the Delaware General Code (“DGCL”) in objection to a merger, to also pursue claims of wrongdoing...
View ArticleDelaware Supreme Court Affirms Chancery Decision Enjoining Hostile Bid
On May 31, 2012, the Delaware Supreme Court affirmed the decision of the Court of Chancery, in the matter of Vulcan Materials, Inc. v. Martin Marietta Materials, Inc., C.A. No. 7102-CS (Del. Ch. May 4,...
View ArticleAttorneys' Fees Awarded in Disclosure Only Settlement
In the case of In re: Paetec Holding Corp. Shareholders Litigation, C.A. No. 6771-VCG (Del. Ch. Mar. 19, 2013), the Court of Chancery awarded attorneys’ fees in the amount of $500,000 in connection...
View ArticleCourt Denies Motion to Expedite; Delay Added to Plaintiff's Burden
In the recent decision of Ehlen v. Conceptus, Inc., C.A. No. 8560-VCG (Del. Ch. May 24, 2013), the Court of Chancery ruled on a motion to expedite filed by Plaintiff Ehlen, in connection with his...
View ArticleBUSINESS JUDGMENT RULE DEEMED THE APPLICABLE STANDARD IN GOING PRIVATE MERGER...
Addressing an issue that has been for the first time squarely presented to any Delaware Court, the Court of Chancery in In Re MFW Shareholders Litigation, C.A. No. 6566-CS, May 29, 2013, ruled that...
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