Mark H Mixon Jr

Mark H Mixon Jr

July 29, 2020 | Delaware Business Court Insider

Court of Chancery Considers Bundled Assets and Rights of First Refusal

In the context of limited liability companies, a right of first refusal (ROFR) limits the ability of an equityholder to transfer equity to a third party without first offering other existing equityholders a right to match the third party's offer.

By Benyamin S. Ross, Mark H. Mixon Jr. and Reginald J. Glosson

7 minute read

April 08, 2020 | Delaware Business Court Insider

 'Salzberg' Opens Door to Creativity in the 'Outer Band' of 'Intra-Corporate Affairs'

This holding leaves the door open to Delaware corporations adopting additional charter provisions regulating such intra-corporate claims.

By James L. Hallowell, Mark H. Mixon, Jr. and Andrew Kuntz

7 minute read

May 15, 2019 | Delaware Business Court Insider

In 'Aruba Networks,' Del. High Court Emphasizes Deal Price as a Measure of Appraisal Value

In 'Verition Partners Master Fund v. Aruba Networks,' the Delaware Supreme Court considered whether the Delaware Court of Chancery abused its discretion in concluding that, as of the “effective date” of the merger between Aruba Networks Inc. and Hewlett-Packard Co., the “fair value” of Aruba was its unaffected market price.

By Jennifer H. Rearden, Jefferson E. Bell and Mark H. Mixon Jr.

7 minute read

February 13, 2019 | Delaware Business Court Insider

Will 'Salzberg' Curtail Arbitration Provisions in Corporate Charters and Bylaws?

The Court of Chancery's holding in Salzberg offers what might seem to be a cautious interpretation of the reach of Delaware corporate law.

By James L. Hallowell and Mark H. Mixon Jr.

7 minute read

September 26, 2018 | Delaware Business Court Insider

Chancery Reaffirms Safe Harbor for Directors' Reasonable Reliance on Expert Advice

Longstanding Delaware law not only entitles but encourages directors to rely in good faith on corporate officers and expert advisers for advice, information, and specialized expertise.

By Brian M. Lutz and Mark H. Mixon Jr.

5 minute read

June 15, 2017 | Delaware Business Court Insider

When Do Derivative Claims "Survive" Mergers—'Massey II' Adds Clarity

M&A practitioners are regularly faced with the question of whether derivative claims will survive a merger after which the plaintiff will no longer be a stockholder.

By Adam H. Offenhartz, Jefferson E. Bell and Mark H. Mixon Jr.

6 minute read