In Brinckerhoff v. Enbridge Energy, C.A. No. 11314 (Del. March 20), the Delaware Supreme Court reviewed the limited partnership agreement (LPA) of a master limited partnership (MLP) in the context of a conflicted transaction. The Supreme Court’s opinion offers valuable guidance to MLPs engaging in transactions involving their general partner or other related parties.

As background, in July 2009, Enbridge Energy Partners (EEP) sold a two-thirds interest in the Alberta Clipper project, a proposed $1.2 billion pipeline project, to Enbridge Inc. Peter Brinckerhoff, a common unitholder in EEP, challenged the fairness of the transaction, but these claims were ultimately dismissed pursuant to decisions by the Delaware Court of Chancery and the Supreme Court.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]