Professor Paul Regan provides a scholarly analysis of a recent transcript ruling in In re Complete Genomics, Inc. Shareholder Litigation, Del. Ch., Consol. C.A. No. 7888-VCL (Nov. 27, 2012), that enjoined a “don’t ask, don’t waive” provision in a standstill agreement that would have the effect, for example, of barring a topping bid. The
Martin Marietta Materials, Inc. v. Vulcan Materials Co., No. 254, 2012 (Del. Supr., July 12, 2012). Our blurb about the Supreme Court’s Order of May 31, 2012 in this case is available here. Highlights of the 138-page Court of Chancery opinion on these pages is available here.
Whether a violation of a confidentiality…