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.
Skadden Discusses Delaware Chancery Decision on Who Can Recover Lost-Premium Damages
The CLS Blue Sky Blog