Searching Content indexed under Litigation, Mediation & Arbitration by Robert S. Faxon ordered by Published Date Descending.
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Delaware Supreme Court Endorses Deal Price In Statutory Appraisal Action
The decision makes clear that deal price is an appropriate indicator of fair value even where there is only one bidder.
United States
10 May 2019
Delaware Supreme Court Affirms Landmark MAE Ruling
The Delaware Supreme Court upholds a lower court's decision to allow Fresenius to sever its merger agreement with Akorn.
United States
20 Dec 2018
Delaware Court Of Chancery Finds Breach Of Fiduciary Duty In Activist-Induced Sale
A Delaware court recently found that a board breached its fiduciary duties by bowing to activist pressure and engaging in a sale rather than continuing the business as a going concern.
United States
1 Nov 2018
Delaware Chancery Court Finally Finds An MAE
The Situation: In a significant decision, a Delaware court found that a target company has suffered a material adverse effect ("MAE"), allowing a would-be buyer to abandon an announced merger.
United States
10 Oct 2018
Delaware Court Of Chancery Invalidates For-Cause Removal Requirement For Unclassified Boards Of Directors
Vice Chancellor Laster of the Delaware Court of Chancery invalidated provisions in a company's certificate of incorporation and bylaws that purported to limit the ability of stockholders to remove directors without cause.
United States
3 Feb 2016
Bill Introduced In Congress Calls For Private Enforcement Of All Food Regulations And Would Weaken Preemption Defenses
Recent years have seen a surge in private class actions alleging that food labels are misleading or misbranded.
United States
2 Feb 2015
Conflicts Of Interest Continue To Dominate In Recent M&A Litigation
In re Delphi Financial Group Shareholder Litigation is the second Delaware decision in as many weeks eschewing injunctive relief in favor of post-deal remedies in single-bidder transactions.
United States
19 Mar 2012
Delaware Supreme Court Reaffirms Disgorgement As Insider Trading Remedy
Disavowing recent Court of Chancery precedent, the Supreme Court of Delaware has held disgorgement to be an insider trading remedy, even where the corporation itself was not harmed. Kahn v. Kohlberg Kravis Roberts & Co., L.P., No. 436, 2010 (June 20, 2011).
United States
1 Jul 2011
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