November 24, 2014
Litigation Alert: Affirmation of Business Judgment Rule in Going Private Deals Could Insulate Companies Against Costly Litigation
Summary: The New York Appellate Division for the First Department recently
upheld the dismissal of a minority shareholder action challenging the terms under which a company would be taken private. The Appellate Division’s decision is significant because it provides companies with a roadmap for insulating deals from costly litigation.