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Delaware court refuses to enjoin merger despite lack of typical fiduciary safeguards due to board's expertise in corporation's business

  • Holland & Knight LLP
  • -
  • USA
  • -
  • November 7 2011

Under Delaware law, a board of directors entering into a change of control transaction involving the sale of a company must secure the best value reasonably attainable for the company's stockholders

Delaware court awards largest judgment in Delaware history for breach of fiduciary duty in spite of special committee's approval of insider transaction

  • Holland & Knight LLP
  • -
  • USA
  • -
  • October 21 2011

More than 25 years ago, the Delaware Supreme Court established the "entire fairness" test for analyzing transactions in which a controlling stockholder stands on both sides of the deal

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