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Chancery Court Finds Corwin Applicable to Third-Party Buyout of a Company Controlled by a Large Stockholder

Posted by on Thursday, May 9, 2019 in Delaware Corporate Law Bulletins, En Banc.

Robert S. Reder | 72 Vand. L. Rev. En Banc 213 | English v. Narang | Chancery Court Finds Corwin Applicable to Third-Party Buyout of a Company Controlled by a Large Stockholder |

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| The Chancery Court again considered the availability of a Corwin defense in connection with a third-party buyout of a company with a large stockholder. Plaintiffs alleged that the large stockholder, indisputably in control, pushed for the buyout to satisfy his need for immediate liquidity, a “unique benefit” not shared with others. Chancellor Andre G. Bouchard rejected plaintiffs’ allegations and, after determining that target stockholders were fully informed, granting pleading-stage dismissal to the defendant directors.