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Delaware Court of Chancery Finds Breach of Fiduciary Duty in Activist-Induced Sale

The Situation: A Delaware court recently found that a board breached its fiduciary duties by bowing to activist pressure and engaging in a sale rather than continuing the business as a going concern. The Case: In re PLX...more

Delaware Chancery Court Finally Finds an MAE

The Situation: In a significant decision, a Delaware court found that a target company has suffered a material adverse effect ("MAE"), allowing a would-be buyer to abandon an announced merger. The Case: In Akorn, Inc. v....more

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