Witmer v. Armistice Capital, LLC: Part 2
The Brophy claim
In my prior post on Delaware Vice Chancellor’s opinion in Witmer v. Armistice Capital, LLC,1 I offered a comprehensive review of the facts and issues in the case, as well as a detailed discussion of Zurn’s analysis of the controlling shareholder issue.
In this post, I offer up an analysis of VC Zurn’s treatment of the plaintiff’s Brophy claim. I also discuss the news reports of the Delaware Supreme Court’s recent oral argument in the appeal, which focused heavily on the Brophy claim.
Keep reading with a 7-day free trial
Subscribe to Bainbridge on Corporations to keep reading this post and get 7 days of free access to the full post archives.