Delaware Business Court Insider | News
By Tom McParland | January 10, 2019
In an 18-page complaint, shareholders Thursday questioned analyses by Nutrisystem's Evercore Group financial advisers and said that the cash-and-stock deal, announced in December, had undervalued the company.
Delaware Business Court Insider | News
By Tom McParland | December 28, 2018
The Delaware Court of Chancery in 2018 sought to provide new guidance in appraisal litigation after two landmark rulings from the state's high court set a clear preference for deal price in determining fair value in corporate mergers.
Delaware Business Court Insider | News
By Tom McParland | December 7, 2018
The Chancery Court's Oct. 1 decision was the first in the state to allow a potential buyer to escape its merger obligations based on a finding that one had occurred.
Delaware Business Court Insider | News
By Tom McParland | December 5, 2018
An attorney for Fresenius SE & Co. on Wednesday defended a landmark Chancery Court ruling that allowed the German health care firm to walk away from its $4.3 billion deal to buy generic drugmaker Akorn Inc. based on a material adverse change in Akorn's business, saying the decision was well-rooted in evidence presented during an expedited trial.
Delaware Business Court Insider | News
By Tom McParland | December 4, 2018
Isreali-based media firm Taptica International Ltd said late Monday that Hagai Tal was resigning after Vice Chancellor Sam Glasscock III in his opinion found that the executive had hidden key information from buyer Great Hill Equity Partners in order to position himself as chief executive of post-merger company BlueSnap Inc.
Delaware Business Court Insider | News
By Tom McParland | November 15, 2018
Chancellor Andre G. Bouchard said that while Richardson Electronics' board did mislead plaintiff Steven H. Busch in the run-up to the litigation, it was unclear whether Busch had actually relied on those representations in deciding whether to make a demand that the directors consider pursuing their own litigation.
By Laura A. Colca and Ryan W. McNagny | November 9, 2018
In a recent decision, the Delaware Court of Chancery reaffirmed the policy of Delaware and many other states, including New York, of enforcing broad contractual waivers of fiduciary duties and demonstrated the importance of carefully negotiating contractual rights and obligations when forming or investing in a limited liability company.
Delaware Business Court Insider | News
By Tom McParland | November 5, 2018
A shareholder of Sonic Corp. has sued in Delaware federal court to halt the drive-in fast food company's $2.3 billion bid to take the company private, alleging that the board withheld key financial data about the deal.
Delaware Business Court Insider | News
By Tom McParland | October 29, 2018
The Delaware Court of Chancery on Monday ordered Post Holdings Inc. and its Delaware subsidiary to turn over nearly $1 million in funds stemming from the food suppliers' $93.5 million deal to buy National Pasteurized Eggs Inc. in 2016.
Delaware Business Court Insider | News
By Tom McParland | October 16, 2018
U.S. District Chief Judge Leonard P. Stark of the District of Delaware on Monday declined to roll back the Jan. 12 verdict, which awarded Intuitive Machines cash and equity in Moon Express Inc. as a result of Moon Express' failure to complete work on the software underpinning its project.
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