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: Delaware Business Litigation ReportCourt of Chancery Explains Bylaw on Proxy Solicitation
By Morris James LLP
JANA Master Fund, Inc.v. CNET Networks, Inc., C.A. 3447-CC (Del. Ch. March 13, 2008)
This is a useful decision on the proper interpretation of a bylaw that governs stockholder proxy proposals in light of SEC Rule 14a-8. The Court held that the bylaw only applied to stockholder requests to have a proposal included in the company's proxy materials under rule 14a-8. In that way the Court again emphasized that Delaware interprets bylaws so as to increase the ability of stockholders to vote.
Full post as published by Delaware Business Litigation Report on December 31, 1969 (boomark / email).
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JANA Master Fund, Ltd. v. CNET Networks, Inc.
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