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: Delaware Business Litigation ReportCourt Of Chancery Explains Standard Of Review For Tender Offer
By Edward M. McNally
In Re Cox Radio Shareholders Litigation, C.A. 4461-VCP ( May 6, 2010)
The standard of review that a court applies to a transaction may determine the outcome of the litigation in a close case. Here the Court explains that entire fairness does not govern the review of a noncoercive tender offer by a controlling shareholder. This continues the trend away from applying the test of Kahn v Lynch that is now restricted to mergers involving a controlling shareholder. This decision also explains when a tender offer is deemed not to be coercive.
Full post as published by Delaware Business Litigation Report on May 06, 2010 (boomark / email).
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