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Michael O'Bryan

Michael O'Bryan

Morrison & Foerster LLP


Latest Publications

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Board Enjoined from Impeding Hostile Consent Solicitation Without First Approving Rival Director Slate under Credit Agreement...

The Delaware Chancery Court recently enjoined a board of directors from impeding a stockholder’s solicitation of written consents to replace the board, unless the board first approved the stockholder’s nominees for purposes...more

3/18/2013 - Board of Directors Credit Agreements Fiduciary Duty Injunctions Proxy Put Rival Director Slate

Delaware Court Finds Reverse Triangular Merger Does Not Violate Contractual Prohibition on Assignment by Operation of Law

The Delaware Chancery Court, in Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH (Feb. 22, 2013), held that the acquisition of a company in a reverse triangular merger did not violate a restriction in an existing...more

3/5/2013 - Assignments Reverse Triangular Mergers

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