• Takeaways From Del. High Court's MFW Ruling
  • March 26, 2014 | Author: Clifford E. Neimeth
  • Law Firm: Greenberg Traurig, LLP - Phoenix Office
  • In a significant case of first impression, the Delaware Supreme Court, in Kahn v. M&F Worldwide Corp. (M&F Worldwide), No. 334, 2013 (Del. Mar. 14, 2014), unanimously affirmed that a controller’s buyout of its subsidiary in a negotiated merger is entitled to judicial review under the deferential “business judgment” standard — instead of the exacting “entire fairness” standard — if certain procedural safeguards are locked in place at the outset of the transaction.