Significant 2017 Decisions Affecting Private M&A: Part 2

Law360, New York (January 22, 2018, 1:33 PM EST) -- The first two of the decisions in part two of this three-part series are Delaware Court of Chancery fiduciary duty cases relating to controlling stockholders. The third decision concerns a takeover defense, and makes clear that under Delaware law, bylaws cannot require supermajority stockholder approval for removal of directors.

Frederick Hsu Living Trust v. ODN Holding Corp. (April 14, 2017)

Selling company assets in order to generate funds to satisfy an obligation to redeem preferred stock may violate a board's fiduciary duties to residual claimants; fiduciary duties may require boards to commit an "efficient breach" of the redemption obligation.

In Frederick...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!