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6/3/2008 10:08:55 AM EST
Corporate Governance: Law and Practice
This treatise was given an extensive update: 11 chapters and 6 Appendices received substantial revisions. Among the revisions was an update to Chapter 11, which was amended to include reference to the Delaware Chancery Court decision Perlegos v. Atmel Corp., C.A. 2320-N, 2007 Del. Ch. LEXIS 25 (Del. Ch. Feb. 8, 2007). The court assessed whether a potential conflict of interest of two special committee members was enough to find them interested in a decision to terminate the employment of the corporation’s founder, who was also the Chairman, CEO and President of the company. After the special committee decided to terminate the founder, one Committee member took over the position of “non-executive Chairman” and the other became the president and CEO. The Court found that the committee members were not motivated by the potential to fill the offices vacated by the individual whose employment they voted to terminate. The update also reflects another Delaware Chancery Court decision, In re Lear Corp., 926 A.2d 94. The update discusses how, in the Lear decision, a special committee gave a CEO the power to negotiate, without the participation of the special committee, a going-private merger that allowed him to liquidate his equity holdings, accelerate and secure his retirement benefits, and continue in a managerial position in the private company. The Court found that this method of conducting negotiations was far from ideal and unnecessarily raised concerns about the integrity of those trying to represent the target’s public investors.
 
 

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