NEW: Skadden discusses recent Delaware decisions addressing the “ab initio” requirement under M&F Worldwide, to shift the standard of review applicable to controlling stockholder transactions from entire fairness to business judgment in Recent MFW-Related Developments in Delaware Courts.
$$$ Richards Layton & Finger discusses Court of Chancery decisions addressing the ab initio requirement that transactional mechanisms that, under with M&F Worldwide, will shift the standard of review applicable to controlling stockholder transactions from entire fairness to business judgment be implemented before substantive economic negotiations take place, since the Supreme Court last addressed the issue in Nicholas Olenik v. Frank A. Lodzinski, et al. and Earthstone Energy, Inc., No. 392, 2019, opinion (Del. Apr. 5, 2019), in Court of Chancery’s Post-‘Olenik‘ Interpretation of the ‘Ab Initio’ Requirement.
Did Delaware Really Kill Corporate Law? Shareholder Protection in a Post-Corwin World empirical examines transactions following the Delaware Supreme Court’s decision in Robert A. Corwin, et al. v. KKR Financial Holdings, LLC, et al., No. 629, 2014, opinion (Del. Oct. 2, 2015), finding no evidence that it has led to an increase in flawed deal processes.