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The Grundfest Solution Works Again and Corporate Counsel of Public Companies Should Take Notice of the Upside of Federal Forum...

On April 28, 2022, the California Court of Appeals became the first appellate court outside of Delaware to uphold a federal forum provision (“FFP”) in governing corporate documents. The appellate decision was issued in the...more

Plaintiffs’ Abusive Tax on M&A Deals Changed Form But Continued in 2021

Seyfarth has conducted a thorough analysis of the litigation filed in 2021 arising out of mergers and acquisitions for the year.1 While there is, as reported elsewhere, a marked decrease in class action filings arising from...more

Access to Corporate Books and Records Under Delaware Law: Can Shareholders Obtain Privileged Documents Too?

Requests for the inspection of books and records pursuant to Section 220 of the Delaware General Corporation Law is an important part of corporate litigation in Delaware. One important issue for these types of proceedings is...more

District Court Judge Rejects M&A Mootness Fee Settlement As A “Racket” That “Must End”

Seyfarth Synopsis: Following Delaware’s lead in Trulia, an Illinois District Court judge refused to approve a mootness fee settlement as “worthless to the shareholders.” The judge noted that such settlements amounted to a...more

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

Seyfarth Synopsis: The Delaware Supreme Court recently held that a shareholder vote on a tender offer was not fully informed where the company did not disclose why its founder, chairman and largest stockholder abstained from...more

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