Activision Board Upheld Duty In Vivendi Merger: Court

Law360, New York (June 1, 2010, 11:59 AM EDT) -- Delaware's highest court has rejected a Michigan pension fund's appeal of its dismissed shareholder suit against Activision Inc. alleging the company's merger with Vivendi Games Inc. breached fiduciary duties to its shareholders.

The Delaware Supreme Court, sitting en banc, handed down its decision Friday, after an initial three-judge panel failed to reach a decision on the Wayne County Employees' Retirement System's claims.

To the extent the issues raised on appeal are factual, the record evidence supports the trial judge's factual findings, the court said.

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