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New York is the new Delaware for going-private mergers

On May 5, in a case of first impression, the New York Court of Appeals in Matter of Kenneth Cole Productions Inc. Shareholder Litigation, 2016 N.Y. LEXIS 1059 (2016), relied upon the venerable “business judgment” rule in dismissing minority shareholders’ claims against a board of directors in connection with a going-private transaction. This decision represents…

Attorney Articles | May 25, 2016