Skadden Discusses Delaware Chancery Decision on Who Can Recover Lost-Premium Damages

The CLS Blue Sky Blog

Edward B. Micheletti Lauren N. Rosenello

Partner Edward Micheletti and counsel Lauren Rosenello discuss the Delaware Court of Chancery’s decision in Crispo v. Musk, which held that a lost-premium provision in a merger agreement could not be enforced by the target company. The ruling leaves open the question as to whether the provision could be enforced by stockholders.