Forbes

Trap For The Unwary: Conflicts And The MFW Doctrine

Forbes contributors publish independent expert analyses and insights. Priya Huskins is an expert on D&O risk and corporate governance. Your company needs to make a big move that requires stockholder ...
JD Supra

Chancery Court Clarifies MFW Protections Must be Implemented Prior to Any Substantive Economic Negotiations

In In re HomeFed Corporation Stockholder Litigation, C.A. No. 2019-0592-AGB (Del. Ch. July 13, 2020), the Delaware Court of Chancery (the “Court”) found that the controlling stockholder of HomeFed ...
JD Supra

Homefed: MFW Conditions Not Timely Implemented

In Re Homefed Corporation Stockholder Litigation arose from a transaction in which Jefferies Financial Group Inc., the 70% stockholder of HomeFed Corporation, acquired the rest of the shares of the ...
Law

Recent Decisions Indicate There Is Leeway for Controllers When Determining Whether to Structure a Transaction to Be 'MFW'-Compliant

The seminal 'MFW' decision, in 2014, ushered in an era of even further expanded deference. MFW provides a pathway for early dismissal of challenges to M&A transactions under the business judgment ...
Law

'MFW' Just Turned 10, but Is It Worth the Candle?

In 2014, the Delaware Supreme Court held in Kahn v. M&F Worldwide (MFW) that the business judgment rule applies to a transaction that would otherwise be subject to the exacting entire fairness ...