The Delaware Court of Chancery, in Fortis Advisors, LLC v. Allergan WC Holding, Inc., C.A. No. 2019-0159-MTZ, letter op. (Del. Ch. May 14, 2020), found that selling stockholders’ representative, in an action seeking payment of an earnout under a Merger Agreement, was not required to provide discovery from the selling stockholders, and such a requirement was contrary to the Agreement’s representative framework.
Francis Pileggi discusses the decision in Chancery Rules on Real-Party-In-Interest Issue.