In re Smurfit-Stone Container Corp. Shareholder Litigation
|Court:||Delaware Court of Chancery|
|Case Number:||Consolidated C.A. No. 6164-VCP|
|Judge:||Vice Chancellor Donald F. Parsons, Jr.|
|Case Contacts:||Mark Lebovitch|
On January 23, 2011, Smurfit-Stone Container Corp. ("Smurfit-Stone" or the "Company"), entered into a merger agreement with Rock-Tenn Company ("Rock-Tenn"), whereby each share of Smurfit-Stone common stock would be converted into the right to receive $17.50 in cash and 0.30605 shares of Rock-Tenn common stock (the "Proposed Transaction"). BLB&G challenged the Proposed Transaction as a product of breaches of fiduciary duty by the Smurfit-Stone's board of directors, aided and abetted by Rock-Tenn. The parties engaged in expedited discovery proceedings. In response to the challenges made by shareholder plaintiffs, defendants filed several amendments to their proxy statements and made other supplemental disclosures.
On May 2, 2011, the Court certified a class, and designated BLB&G as Co-Lead Counsel. After a hearing, on May 20, 2011, the Court denied shareholder plaintiffs' motion for a preliminary injunction. The Smurfit-Stone shareholders approved the Proposed Transaction, and it closed on May 27, 2010. It then came to the parties' attention that the proxy statements erroneously described and attached an outdated version of Delaware's appraisal statute. Thereafter, the parties negotiated a settlement, whereby former Smurfit-Stone shareholders are provided with the right to elect to participate in quasi-appraisal proceedings. On December 9, 2011, the Court approved the settlement.
Other Cases of Interest
Kinder Morgan Energy Partnership, L.P.
Delaware Court of Chancery Mark Lebovitch, David Wales, Adam Hollander
Twenty-First Century Fox, Inc.
Delaware Chancery Court Max W. Berger, Mark Lebovitch, David Wales, Rebecca E. Boon
Delaware Chancery Court Gregory V. Varallo, Mark Lebovitch, Christopher J. Orrico, Jacqueline Y. Ma , Thomas James
Northern District of California John Rizio-Hamilton, Mark Lebovitch, Jonathan D. Uslaner, Abe Alexander, Nicholas Gersh
Comverse Technology, Inc.
Eastern District of New York Mark Lebovitch, Katherine M. Sinderson
Bank of America/Merrill Lynch Merger Litigation
Southern District of New York Max W. Berger, Hannah Ross, Mark Lebovitch, John Rizio-Hamilton, Jonathan D. Uslaner, Katherine M. Sinderson
Delaware Court of Chancery Mark Lebovitch, David Wales, Thomas James
Northern District of California, Oakland Division Mark Lebovitch, David Wales, Alla Zayenchik
Delaware Chancery Court Edward G. Timlin, Andrew Blumberg, Mark Lebovitch
Straight Path Communications Inc.
Delaware Chancery Court Mark Lebovitch, Jeroen van Kwawegen, Edward G. Timlin, Alla Zayenchik