Merion Capital LP v. BMC Software, Inc., C.A. No. 8900-VCG (Del. Ch.)
The firm, together with Kirkland & Ellis LLP, represented 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 Court held that "fair value" under the appraisal statute was equal to the merger price.