Investors, Energy Co. Wrangle Over 'Entire Fairness Doctrine'

Law360 (November 2, 2018, 5:36 PM EDT) -- The fate of a lawsuit by investors who claim they were shortchanged in the merger of two green energy companies will likely depend on which of two standards for disputed transactions is applied, a Massachusetts federal judge said Friday.

Attorneys for the investors argued that because brothers John and George Hatsopoulos had a controlling interest on both sides of the tie-up between American DG Energy Inc., or ADGE, and Tecogen Inc., ADGE should be subject to the "entire fairness doctrine" and be forced to prove in discovery that the deal was fair. The investors say the brothers undervalued ADGE in the...

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