By Gail Weinstein, Matthew Soran, David Shaw and Andrea Gede-Lange ( February 7, 2019, 2:24 PM EST) -- Last November, in the Tangoe Stockholders Litigation, the Delaware Court of Chancery ruled at the pleading stage that, in connection with the sale of a company (Tangoe Inc.) to a private equity firm (Marlin Partners), the facts alleged by the plaintiff supported a reasonable inference that the company directors had breached their duty of loyalty to the stockholders. The gravamen of the complaint was that, in connection with considering and recommending a sale of the company, the directors had focused on their own compensation in the event of a sale, and had not considered whether the alternative of the company remaining independent would — as appeared to be the case — create more value for the stockholders than the sale would....
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