Scott A. Barshay

Mar 11, 2024 | lexology.com | Scott A. Barshay |Andre Bouchard |André Bouchard |Jaren Janghorbani |Robert Kindler |Frances Mi

In Sjunde AP-fonden v. Activision Blizzard, Inc., et al. (an opinion by Chancellor Kathaleen St. J. McCormick), the Delaware Court of Chancery declined to dismiss claims that common market practices used by the Activision Blizzard, Inc., board in approving its merger agreement with Microsoft Corporation resulted in a Delaware General Corporation Law (DGCL) violation.

Feb 26, 2024 | lexology.com | Jarryd E. Anderson |Scott A. Barshay |Jessica Carey |Brad S. Karp |Robert Kindler |Anastasia V. Peterson | +3 more

I. Executive SummaryOn January 29, 2024, the Office of the Comptroller of the Currency (“OCC”) issued a notice of proposed rulemaking (the “NPR”)[1] to update its current rules for business combinations involving national banks and federal savings associations, including a policy statement that describes the standards for the OCC’s review of business combinations under the Bank Merger Act (“BMA”) (the “Policy Statement”).

Jul 13, 2023 | corpgov.law.harvard.edu | Scott A. Barshay |André Bouchard |Laura C. Turano

Thursday, July 13, 2023 PrintTweet Scott A. Barshay, Andre Bouchard, and Laura C. Turano are Partners at Paul, Weiss, Rifkind, Wharton & Garrison LLP. This post is based on a Paul Weiss memorandum by Mr. Barshay, Mr. Bouchard, Ms. Turano, Jaren Janghorbani, Kyle T. Seifried, and Krishna Veeraraghavan and is part of the Delaware law series; links to other posts in the series are available here.

Jun 29, 2023 | lexology.com | Scott A. Barshay |André Bouchard |Jaren Janghorbani |Kyle Seifried

In Sternlicht, et al. v. Hernandez, et al., the Delaware Court of Chancery clarified the high standard that activists must overcome to reopen the director nomination window of an otherwise valid advance notice bylaw—namely they must show that there has been a “radical shift” in company position caused by the board after the deadline for director nominations had passed.