Shiftan v. Morgan Joseph Holdings, Inc., C.A. No. 6424-CS (Del. Ch. Jan. 13, 2012), read opinion here.

Issues Addressed:

(i)         Whether the Court may consider in an appraisal action a contractually required redemption event in the certificate of incorporation, scheduled to occur six months after the merger, in determining the fair value

SV Investment Partners, LLC v. ThoughtWorks, Inc., No. 107, 2011 (Del. Supr., Nov. 15, 2011), read Delaware Supreme Court opinion here.

Issue Addressed

Whether SV Investments failed to carry its burden of proof that “legally available funds” were available to redeem its preferred shares.

Short Answer

The judgment of the Court of Chancery determining