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As Kahn v. M&F Worldwide Corp. (MFW) establishes, the Business Judgment Rule must be applied to a transaction involving a controlling shareholder, if the deal is conditioned upon the.
The Delaware Court of Chancery reaffirmed the protection afforded by the rigorous MFW framework1 to controller transactions on December 29, 2022. In…
MFW protects controlling-stockholder transactions even when a third-party bidder makes a competing bid that is superior to a negotiated merger with the controller. A.