- The firm, together with Kirkland & Ellis LLP, represents BMC Software in an action brought by Merion Capital seeking appraisal of 7,629,100 shares, arising out of its the $6.9 billion acquisition of BMC by Bain Capital LLC and Golden Gate Capital. Following a four-day trial before Vice Chancellor Glasscock, the case is in post-trial briefing.
- In Kerbawy v. McDonald, the firm represented a substantial stockholder of ACell, Inc., in initiating and prosecuting an expedited corporate control dispute arising out of his attempt to remove the incumbent board of directors through a consent solicitation. Following substantial expedited discovery and trial, the Court of Chancery entered judgment in favor of our client on his affirmative claims, confirming that his slate was properly elected as the company’s board of directors. The Court also rejected the counterclaim of the incumbent board that our client tortuously interfered with certain agreements in connection with the consent solicitation.