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Expert Analysis

Stockholders Need More Than A Number To Be 'Controlling'

Law360, New York ( November 3, 2014, 4:25 PM EST) -- Two recent Delaware Chancery Court decisions, Crimson Exploration and KKR Financial, confirm that Delaware takes a flexible and fact-specific approach to determining whether a stockholder is deemed to be "controlling" for purposes of judicial review of a transaction. It is important for deal makers to understand when the courts may make a determination of control, both to properly craft a defensible process and to understand the prospects for resulting deal litigation....

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