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: Delaware Corporate and Commercial Litigation BlogSupreme Court Affirms Chancery's Poison Pill Decision
By Francis G.X. Pileggi
Versata Enterprises, Inc. v. Selectica, Inc., No. 193, 2010 (Del. Supr., Oct. 4, 2010), read opinion here. In this 51-page decision, the Delaware Supreme Court affirmed the Court of Chancery's 71-page decision in Selectica, Inc. v. Versata, Inc., C.A. No. 4241-VCN, 2010 WL 703062 (Feb. 26, 2010), which was summarized on this blog here.
Delaware's High Court upheld the board's adoption of a poison pill rights plan with a 4.99% triggering threshold, designed to protect the corporation's net operating losses ("NOLs"), and a special committee's subsequent decision to deploy the rights plan to dilute the triggering stockholder. Much more can be, and will be, written about this decision in the days to come.
Full post as published by Delaware Corporate and Commercial Litigation Blog on October 05, 2010 (boomark / email).
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