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: Delaware Corporate and Commercial Litigation BlogChancery Upholds Poision Pill of Barnes & Noble; Rejects Fiduciary Claims
By Francis G.X. Pileggi
Yucaipa American Alliance Fund II, L.P. v Riggio, C.A. No. 5465-VCS (Del. Ch. Aug. 12, 2010), read post-trial opinion here. This Delaware Court of Chancery opinion rejected breach of fiduciary duty claims and upheld the poision pill defense that Barnes & Noble implemented as part of a plan to spurn the advances of investor Ron Burkle's Yucaipa entity. The issues in this 87-page opinion of the Court of Chancery have been both anticipated and discussed by commentators and scholars. See, e.g., Professor Davidoff's preview analysis linked on this blog here.
I plan to take this tome home tonight to review it and plan to have more to say about it soon. However, because it is such an important opinion and closely watched, I wanted to make it available as soon as possible.
Full post as published by Delaware Corporate and Commercial Litigation Blog on August 12, 2010 (boomark / email).
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