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Fried Frank M&APE Quarterly April 2018

Fried Frank Harris Shriver & Jacobson LLP
USA
April 18 2018

In March 2018, the Court of Chancery issued several decisions that highlighted that a minority stockholder that is viewed by the court as having a

Delaware M&A Quarterly - Spring 2018

Paul, Weiss, Rifkind, Wharton & Garrison LLP
USA
April 6 2018

In the first quarter of 2018, the Delaware Court of Chancery issued two appraisal decisions, and the Delaware Supreme Court affirmed an earlier

Delaware Supreme Court Changes Conversation on Director Compensation

Cooley LLP
USA
March 30 2018

In recent years, there has been an increase in Delaware breach of fiduciary duty claims (including stockholder demands and actual cases) asserted

Boards of Directors May Be Required to Disclose Reasons Behind a Director's Vote Abstention

Pepper Hamilton LLP
USA
March 28 2018

In a recent decision by the Delaware Supreme Court, Appel v. Berkman, No. 316, 2017 (Del. Feb. 20), the court held that a board's failure to include

M&A Update: A Trio of Recent Delaware Decisions Discount Deal Price In Appraisal Litigation

Cadwalader Wickersham & Taft LLP
USA
March 26 2018

In a trio of recent appraisal decisions, Delaware courts declined to use the deal price as the best evidence of fair value, instead using discounted

Delaware Supreme Court Elaborates Upon When a Shareholder Vote Is Fully Informed

Seyfarth Shaw LLP
USA
March 20 2018

In 2016, the Board of Directors of a company that was the target of a tender offer (the “Company”) voted in favor of the Company’s sale to Apollo

Delaware Supreme Court Affirms Delaware Court Of Chancery’s Dismissal Of Fiduciary Duty Breach Claims, Finding Non-Exculpated Claim Inadequately Pled

Shearman & Sterling LLP
USA
March 20 2018

On March 15, 2018, the Supreme Court of Delaware affirmed the Delaware Court of Chancery’s dismissal of a putative stockholder class action asserting

When Appraisal is Likely to Be Below the Deal Price in Arm’s-Length Mergersand When It is Not The Meaning of Aruba, AOL and SWS

Fried Frank Harris Shriver & Jacobson LLP
USA
March 14 2018

Since the Delaware Supreme Court issued its landmark Dell appraisal decision in December 2017, the Delaware courts have issued three appraisal

Updated Guidance (and Ground Rules) for Controlling Stockholder Deals

Ropes & Gray LLP
USA
March 7 2018

The Delaware Supreme Court’s 2014 decision in Kahn v. M&F Worldwide Corp. (“MFW”)1 provided business judgment rule protection for controlling

Delaware Supreme Court Confirms All Material Facts Must be Disclosed to Receive Corwin Business Judgment Rule "Cleansing" Effect

White & Case LLP
United Kingdom
March 1 2018

The Delaware Supreme Court has reversed the Delaware Court of Chancery's earlier dismissal of a stockholder challenge to the sale of Diamond Resorts

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