It’s never a surprise when a Delaware Chancery Court sides with corporate management, since business is the business of Delaware, so as expected Vice Chancellor Leo Strine rejected the case brought by Ron Burkle’s Yucaipa. Strine concluded that the poison pill “rights plan was a proportional response to the threat the company faced and was reasonably designed to prevent “a creeping acquisition without the benefit of receiving a control premium.” The chancellor also identified weaknesses and inconsistencies in the arguments made by Burkle. Particularly on the point that the poison pill made it difficult for Burkle to wager a proxy […]
