NACD - National Association of Corporate Directors
Delaware Watch

Two Roads Diverged in a Wood

by Stephen P. Lamb |

The Delaware Court of Chancery has, in recent years, applied the business- judgment standard to tender offers followed by short-form mergers, if they met certain conditions intended to insure that the minority stockholders are not coerced into accepting. That is, until the recent Delaware Chancery Court decision in In re CNX Gas.

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