The Xerox Saga: Intrigue and Deception in an Iconic Corporate Suite
In his Corporate Securities column, John C. Coffee Jr. examines the recent decision in 'In re Xerox Corp. Consol. Shareholder Litigation', in which Justice Barry Ostrager enjoins the Xerox shareholder vote and requires a waiver of its advance notice bylaw.
May 16, 2018 at 02:50 PM
2 minute read
In re Xerox Corp. Consol. Shareholder Litigation [1] First Second Xerox Third |
The Xerox-Fuji Transaction
“This latest scheme will allow us to take control of Xerox without spending a penny.”[3]
The Court's Decision
“This transaction was largely negotiated by a massively conflicted CEO in breach of his fiduciary duties to further his self-interest and approved by a board, more than half of whom were perpetuating themselves in office for five years without properly supervising Xerox's conflicted CEO.”[8]
[9] [10] [11] [12] [13] Smith v. Van Gorkom [14] [15] [16] |
Implications and Innovations
Xerox Endnotes: [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] Hubbard v. Hollywood Park Realty Enterprises Icahn Partners LP v. Amylin Pharm. [11] In re Xerox Corp. Consol. Shareholder Litigation Patrick v. Allen [12] [13] [14] [15] Casey v. Woodruff [16] In re CNX Gas Corp. Shareholders Litig. John C. Coffee Jr. is the Adolf A. Berle Professor of Law at Columbia University Law School and Director of its Center on Corporate Governance.
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