Recently by E. William Bates, II
Antitrust & Competition
Delaware Chancery Court Upholds “Sign And Consent” Transaction And Board Process
On September 30, 2011, Vice Chancellor Noble issued an opinion in In re OPENLANE, Inc. Shareholders Litigation[1] that reiterated the permissibility of using a “sign and consent” structure for obtaining stockholder approval of a merger. The OPENLANE decision is also noteworthy as Vice...
Read MoreDelaware Supreme Court Reverses Court Of Chancery's Lyondell Decision
In a much anticipated reversal of the Delaware Court of Chancery's controversial opinion in Ryan v. Lyondell Chemical Co. ,1the Delaware Supreme Court recently reaffirmed that Delaware law will not countenance an aggrieved stockholder's attempt to "bootstrap" onto a duty of loyalty claim for...
Read MoreAssessing The Role Of General Counsel Today: New Responsibilities Or Some Very Old Ones In New Packaging?
Editor: Would you tell our readers about your professional background? Bates: I am with King & Spalding. I joined the firm in Atlanta in 1979 and then moved to New York 15 years ago as part of the firm's expansion. I have been practicing in the M&A and corporate finance area for 28...
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