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Court stops hostile bid due to financial advisor’s conflict of interest

McCarthy Tétrault LLP
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Canada
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May 29 2009

In February 2009, the Ontario Superior Court stopped a hostile bid by Rusoro Mining Ltd. for the shares of Gold Reserve Inc. because Rusoro’s financial advisor, Endeavour Financial International Corporation, had a conflict of interest

Canadian Industry Minister sues to enforce Investment Canada Act undertakings

Torys LLP
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Canada
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July 20 2009

On Friday, July 17, the Minister of Industry filed a Notice of Application with the Federal Court of Canada seeking to force United States Steel Corporation to fulfill regulatory undertakings that the company made to the Canadian government on acquiring Canadian steelmaker Stelco Inc. in 2007

Delaware Chancery Court's CNX Gas decision changes dynamics for controlling stockholder freeze-out transactions

Foley & Lardner LLP
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USA
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June 9 2010

A recent Delaware Chancery Court decision, In re CNX Gas Corp. Shareholders Litigation, C.A. No. 5733-VCL (Del. Ch. May 25, 2010), changes the process and dynamics for controlling stockholder freeze-out transactions and improves the minority stockholders' position

Mergers & aquisitions

Wong Partnership
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Singapore
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June 24 2010

Where a seller offered to sell a company which carried on a phosphate mining and production business but where after the offer and before its acceptance the mines and production facilities were extremely damaged in the earthquake

Panel imposes materiality requirement on bid condition and stops bidder from relying on MAC and force majeure conditions

Herbert Smith Freehills LLP
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Australia
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October 29 2010

In an important new development in Australian takeovers, the Takeovers Panel imposed a materiality requirement on a bid condition

Representations and warranties in energy transactions

King & Spalding LLP
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USA
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August 1 2011

Representations and warranties are a critical component of any energy asset acquisition and serve to allocate risk between buyer and seller

Do you really know where you stand with a pre-emptive rights regime?

Clayton Utz
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Australia
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July 7 2011

When drafting and interpreting pre-emptive rights arrangements, parties need to pay close attention to when those rights may or may not be triggered

Delaware Court of Chancery awards $1.263 billion in damages for controlling stockholder transaction found to be unfair

Jones Day
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USA
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November 16 2011

On October 14, 2011, Chancellor Leo Strine of the Delaware Court of Chancery awarded $1.263 billion to Southern Peru Copper Corp. ("Southern Peru") following trial of a derivative lawsuit against a controlling stockholder of Southern Peru and certain of its affiliates who served as directors of Southern Peru

In re Massey Energy Company derivative and class action litigation, C.A. No. 5430-VCS (Del. Ch. May 31, 2011)

Potter Anderson & Corroon LLP
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USA
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June 6 2011

In this opinion Vice Chancellor Strine declined to enjoin a merger between Massey Energy Co. (“Massey”) and Alpha Natural Resources, Inc. (“Alpha”), pursuant to which Massey shareholders will receive Alpha stock and $10 cash per share

2011 developments in the United States

Osler, Hoskin & Harcourt LLP
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USA
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January 19 2012

In 2011 there were a number of important developments in the United States in the mergers & acquisitions and securities areas

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Court stops hostile bid due to financial advisor’s conflict of interest

Canadian Industry Minister sues to enforce Investment Canada Act undertakings

Delaware Chancery Court's CNX Gas decision changes dynamics for controlling stockholder freeze-out transactions

Mergers & aquisitions

Panel imposes materiality requirement on bid condition and stops bidder from relying on MAC and force majeure conditions

Representations and warranties in energy transactions

Do you really know where you stand with a pre-emptive rights regime?

Delaware Court of Chancery awards $1.263 billion in damages for controlling stockholder transaction found to be unfair

In re Massey Energy Company derivative and class action litigation, C.A. No. 5430-VCS (Del. Ch. May 31, 2011)

2011 developments in the United States

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