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Delaware court reviews enforceability and alleged waiver of arbitration provision

  • Milbank, Tweed, Hadley & McCloy LLP
  • -
  • USA
  • -
  • March 19 2012

Upholds contracting parties’ right to seek arbitration and rejects arguments that the right is waived solely by initiation or defense of litigation

Delaware court confirms that in appraisal action "fair value" of preferred stock is determined by reference to its contractual rights

  • Milbank, Tweed, Hadley & McCloy LLP
  • -
  • USA
  • -
  • February 24 2012

Preferred stock provisions have been the subject of countless judicial decisions over the years