Kahn Swick & Foti represents institutional and individual clients in lawsuits regarding Mergers & Acquisitions and “Going Private” transactions. In such cases, shareholders are deprived of fair value when shares are bought by companies for below market valuations, or are provided insufficient disclosures concerning terms of the transaction. Our lawyers can help investors pursue appraisal rights and demand fair value.
CURRENT CASES
- In re Halcon Resources Corp., Shareholder Litigation, Case No. 10849-VCP
Delaware Court of Chancery - Helen Moore v. Macquarie Infrastructure and Real Assets, et al. (Cleco Corporation Merger), Case No. 251,417, c/q 251,456 and 251,515, Div. “C”
Ninth Judicial District Court for the Parish of Rapides
Louisiana Interim Co- Lead Counsel - In re MCG Capital Corp. Stockholders Litigation, Consol, Case No. 10992-VCN
Delaware Court of Chancery
Co-Lead Counsel - Miller v. Hawaiian Electric Industries, Inc. (Hawaii Electric Industries, Inc. Merger), Civil No. 14-1-2531-12 KTN
First Circuit Court, State of Hawaii
Co-Lead Counsel - An Nguyen vs. Michael G. Barrett, C.A. No. 11511-VCG
Delaware Court of Chancery - In re Omnivision Technologies, Inc. Shareholder Litigation, Lead Case No. 1-15-cv-280161
Superior Court of California, County of Santa Clara
Co-Lead Counsel - In re Paramount Gold and Silver Corp. Stockholders Litigation, Consol. Case No. 10499-VCN
Delaware Court of Chancery
Member of Executive Committee - Pielago v. Chris W. Caras Jr., et al., Case No. BC570144, c/w Case No. BC576929
Superior Court of the State of California Los Angeles County
Co-Lead Counsel - In re Saba Software, Inc. Stockholder Litigation, Consol. Case No. 10697-VCN
Delaware Court of Chancery
Member of Executive Committee - In re Sigma-Aldrich Corporation Shareholder Litigation, Case No. 1422-CC09684
Circuit Court for the 22th Judicial Circuit, Missouri
Co-Lead Counsel - Wojno v. FirstMerit Corp., et al., Case No. 5:16-cv-00461
Northern District of Ohio
SETTLED CASES
In re Adams Golf Shareholder Litigation, C.A. No. 7354-VCL (Del. Ch. 2012). Chair of Plaintiffs’ Executive Committee. Class action for breach of fiduciary duties to shareholders relating to a proposed merger of sporting goods companies. Settlement consisted of additional material disclosures to proxy statements.
In re BTU International, Inc. Stockholders Litigation, Consol. C.A. No. 10310-CB (Delaware Court of Chancery 2014). Co-Lead Counsel. Class action for breach of fiduciary duties to shareholders relating to a proposed merger of electronics and solar goods companies. Settlement consisted of additional material disclosures to proxy statements. First known settlement to pass the exacting Trulia standards articulated by the Court of Chancery.
In re EnergySolutions, Inc. Shareholder Litigation, C.A. 8203-VCG (Del. Ch. 2014). Plaintiff’s Co-Lead Counsel. Class action for breach of fiduciary duties to shareholders relating to a proposed merger of nuclear energy related companies worth $1.1 billion ($375 million in proposed shareholder consideration). Settlement consisted of $0.40 price bump which increased the consideration to shareholders by more than 10% or approximately $38 million. Settlement also included over 20 pages of additional disclosures to proxy statement relating to process and pricing claims.
Hill v. Cohen, et al. (Summit Financial Services Group, Inc.), 2013 CA 017640 (15th Jud. Cir. Ct., Fla.). Co-lead counsel. Class action for breach of fiduciary duties to shareholders relating to a proposed merger of a financial services company. Contingent and delayed aspects of the proposed merger consideration, worth several million dollars, were accelerated and paid to shareholders ahead of schedule and settlement involved several pages of additional disclosures were made to the proxy statement.
In re InSite Vision Inc. Consolidated Shareholder Litigation, Lead Case No. RG-15774540 (c/w Case No. RG-15777471). Counsel for Plaintiffs. Class action for breach of fiduciary duties to shareholders relating to a proposed merger of medical companies. Litigation was followed by a public bidding war that resulted in a $30 million increase in merger compensation.
In re Medtox Scientific, Inc. Shareholders Litigation, Court File No. 62-CV-12-5118 (Minn. Dist. Ct. 2013). Plaintiffs’ Lead Counsel. Class action for breach of fiduciary duties to shareholders relating to a proposed merger of medical technology companies. Settlement consisted of additional material disclosures to proxy statement.
Heron v. International Rectifier Corporation, et al., Case No. BC556078 (Superior Court of the State of California, County of Los Angeles). Co-Lead Counsel. Class action for breach of fiduciary duties to shareholders relating to a proposed merger of electronics companies. Settlement consisted of additional material disclosures to proxy statements.
Sachs Investment Group v Sun Healthcare Group, Inc., et al. 30-2012-580354-CU-SL-CXC (Sup. Ct. of Cal., 2013). Plaintiffs’ Counsel. Class action for breach of fiduciary duties to shareholders relating to a proposed merger of healthcare companies. Settlement consisted of additional material disclosures to proxy statement.
In re Susser Holdings Corp. Stockholders Litigation, C.A. 9613-VCG Delaware Court of Chancery 2014). Co-Lead Counsel. Class action for breach of fiduciary duties to shareholders relating to a proposed merger of convenience store and gas station companies. Settlement consisted of additional material disclosures to proxy statements regarding hidden value of individual distribution rights in limited partnership.