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In re Dole Food Co.
: When Stockholders Deserve a Fairer Price
28 August 2015
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Delaware court awards Dole Food stockholders $148 million in damages in connection with November 2013 take-private by the Company’s CEO and 40% shareholder.
Court finds that approval of the transaction by a special committee of independent directors and a majority of unaffiliated stockholders, and an arguably fair price, does not protect insiders from liability for their own fraudulent conduct.
Court praises conduct of the special committee and its advisers; opinion demonstrates the protective value of a high-quality independent committee process even when working with incomplete and inaccurate information.
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Andrew L. Bab
Gregory V. Gooding
Gary W. Kubek
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