Dole CEO and GC Fraud Liability for Otherwise Proper Going-Private Deal

On August 28, 2015, the Delaware Court of Chancery found the controlling shareholder-CEO and General Counsel of Dole Food Co. Inc. liable to investors for $148 million for fraudulently driving down the company’s share price in anticipation of a going-private transaction.  What’s particularly noteworthy here is that the controlling shareholder appears to have structured the […]

FTC Issues Guidance on Antitrust Merger Review

As mentioned in a prior post, if the transaction value for an M&A deal equals or exceeds $92 million (as of the date of this post; the threshold is adjusted annually), an HSR filing may be required with the Premerger Notification Office of the Federal Trade Commission, and the parties must wait 30 days to […]