Tainting The Sales Process

Law360, New York (March 18, 2011, 12:35 PM EDT) -- In In re Del Monte Foods Company Shareholders Litigation, Consol. C.A. No. 6027-VCL (Del. Ch. Feb. 14, 2011), the Court of Chancery temporarily enjoined a shareholder vote on a high premium, all-cash merger to require an additional 20-day market check based on a preliminary finding that the sale process was potentially tainted by alleged misconduct by Del Monte’s financial adviser and the private equity buyers.

The court also enjoined the parties from enforcing the buyer’s deal protections and left open the door for a monetary damages...
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