Denial of Attorneys’ Fee Request in Context of Merger Litigation

JCM Headshot Photo 2015 (M0846612xB1386)By: Joe Marrow

Continuing a recent trend, a Delaware Chancery Court judge recently denied a request for an award of attorneys’ fees and expenses in connection with the Keurig Green Mountain Inc. shareholder litigation.  On July 22, 2016, in the case In Re: Keurig Green Mountain Inc. Shareholders Litigation, case number 11815, Chancellor Andre G. Bouchard considered a petition seeking an award of attorneys’ fees and expenses to the attorneys representing shareholders that had challenged the acquisition of Keurig.

On behalf of the shareholders, the lawyers had questioned the deal disclosures that had been made by Keurig in its proxy statement.  As a result of the action, Keurig made certain supplemental disclosures to the shareholders.  The attorneys representing the shareholders then sought an award of $300,000 of fees and expenses from Keurig.  Keurig’s attorneys opposed the petition arguing that the supplement disclosures merely confirmed information that had previously been provided in the proxy statement.  Chancellor Bouchard agreed and denied the petition on the basis that disclosures in question were not beneficial to the shareholders.  Chancellor Bouchard has taken a strong position against granting significant fee awards in the context of disclosure-only settlements in shareholder litigation.

For more information, please contact corporate attorney Joe Marrow.

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