In the recent one-page order entered by the Delaware Supreme Court in Swomley v. Schlecht, et al., No. 180, 2015 (Del. Nov. 19, 2015), the High Court affirmed
Continue Reading Delaware High Court Affirms Deferential Standard Previously Determined in Kahn v. M & F Worldwide
Kahn
BUSINESS JUDGMENT RULE DEEMED THE APPLICABLE STANDARD IN GOING PRIVATE MERGER WHERE TRANSACTION APPROVED BY SPECIAL COMMITTEE AND MAJORITY OF THE MINORITY
By Sheldon Rennie on
Addressing an issue that has been for the first time squarely presented to any Delaware Court, the Court of Chancery in In Re MFW Shareholders Litigation, C.A. No. 6566-CS…
Disgorgement Under Brophy Claim: No Actual Harm Required
By Fox Rothschild LLP on
“To the extent Pfeiffer v. Toll conflicts with our current interpretation of [Brophy], Pfeiffer cannot be Delaware law.”
Based upon the recent Delaware Supreme Court decision, Kahn v. Kohlberg Kravis …
Continue Reading Disgorgement Under Brophy Claim: No Actual Harm Required