Andrew W Stern

December 12, 2018 | Delaware Business Court Insider

The Chancery Court will continue to face novel theories of controlling stockholder liability based on contract rights, and Delaware's ability to impose clear limits on when an investor's contract rights render it a fiduciary to the company will have significant consequences for corporate finance and strategic investments under Delaware law going forward.

By Andrew W. Stern, James Heyworth and Benjamin F. Burry

7 minute read

July 18, 2016 | New York Law Journal

Andrew W. Stern and Benjamin F. Burry write: The New York Court of Appeals has expressly adopted the standard from Delaware's highest court governing transactions in which a controlling shareholder proposes to take a public company private. But perhaps not enough attention has been paid to these two influential courts' having put the proverbial nail in the coffin of the proposition that ad hoc judicial inquiry provides better protection of shareholder rights than a properly run corporate process, overseen by independent fiduciaries.

By Andrew W. Stern and Benjamin F. Burry

21 minute read