How Del. High Court Sees Discussion Vs. Negotiation In M&A

By Gail Weinstein, Steven Epstein, Warren de Wied and Brian Mangino (May 6, 2019, 3:58 PM EDT) -- In the Delaware Court of Chancery's July 2018 decision in Olenik v. Lodzinski, the court found that the controller-led merger being challenged was compliant with Kahn v. M&F Worldwide Corp., or "MFW."[1] The Court of Chancery therefore applied business judgment review and dismissed the case at the pleading stage....

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