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20 Apr 2012, 5:00 am
Similarly, the provision eliminated liability for failure to follow decisions such as Revlon and Unocal. [read post]
16 Mar 2012, 1:10 pm
Outside those three situations, which do not even encompass all corporate control bidding contests, Unocal remained the defining standard. [read post]
16 Mar 2012, 7:55 am
The Delaware Supreme Court soundly rejected the Easterbrook and Fischel proposal in its Unocal decision.[4] This result is unsurprising. [read post]
15 Jan 2012, 3:11 pm
, Unocal, and ExxonMobil into US courts for alleged human rights violations committed on non-US soil with little nexus to the United States. [read post]
5 Jan 2012, 9:22 am
All of which leaves me with a coupe of basic questions to ponder: Did Unocal at 20 properly strike the balance between protecting director primacy and preserving an functional market for corporate control? [read post]
2 Jan 2012, 5:00 am
Under Unocal, the board has an initial obligation to show that the poison pill was adopted in response to a threat. [read post]
8 Dec 2011, 4:00 am
With the grant of certiorari (as expected) in Kiobel on 17 October 2011, the Supreme Court now has an opportunity to address the circuit split on the issue of corporate liability under the ATS – a circuit split that continues to widen, with the recent decision of the Ninth Circuit in Sarei v Rio Tinto on 25 October 2011 coming down on the side of corporate liability for human rights violations (as it had previously done in Unocal). [read post]
8 Dec 2011, 3:00 am
Beginning with Filartiga v Pena-Irala[2] and continuing through to Doe v Unocal[3] and more recent cases, there has been a general consensus amongst the various circuits of the US courts that both individual and corporate defendants could be held accountable under the ATS for egregious human rights abuses. [read post]
16 Nov 2011, 10:18 pm
Gilson, Unocal Fifteen Years Later (And What We Can Do About It), 26 Del. [read post]
16 Nov 2011, 8:44 am
Thompson to subsequently assert that Unocal proportionality review was “dead”. [read post]
15 Nov 2011, 5:42 pm
Like many other corporate law academics and lawyers, I have long admired Chancellor Chandler’s work. [read post]
11 Nov 2011, 2:00 pm
The Court of Chancery reviewed the case under the Unocal standard. [read post]
11 Nov 2011, 2:00 pm
As I discuss in my article Unocal at 20, if shareholders own the corporation, the board of directors of a target corporation would have no proper role in reponding to a tender offer. [read post]
8 Sep 2011, 1:14 pm
Of course, preclusiveness is not the only part of the Unocal analysis: Identification of a corporate threat and the reasonableness of the response in relation to the threat are equally important components of the analysis, each of which must be satisfied to survive a challenge to a rights plan. [read post]
31 Aug 2011, 3:37 pm
Halliburton Corporation clarifies that a plaintiff cannot be required to prove an element of a claim on the merits in order to justify class certification, but saying a plaintiff is not required to prove an element of a claim is a far cry from saying that plaintiffs do not have to meet all of the requirements of Federal Rule of Civil Procedure 23. [read post]
18 Jul 2011, 7:35 am
Do you see it as a key case in DE law that informs how you teach fiduciary duties as well as Revlon/Unocal? [read post]
14 Jul 2011, 11:16 am
Striking such a balance is the peculiar genius of Unocal and its progeny. [read post]
9 Jul 2011, 3:32 pm
Stan's Platonic structure is pretty close to my director primacy approach to corporate takeovers, as I set it out in Unocal at 20. [read post]
6 Jun 2011, 6:22 am
The legitimacy of an NOL rights plan was first put to the test in Delaware litigation, applying the preclusion prong of the Unocal test for defensive tactics. [read post]
31 May 2011, 12:34 pm
set of Unocal, what exactly were directors supposed to do once their role changes from "defenders of the corporate bastion to auctioneers"? [read post]
