- Posts by Rebecca L. Van Derlaske
PartnerShareholders, hedge funds, and other investors call on Rebecca for advice and representation in domestic and international activism matters, including proxy contests, withhold campaigns, consent solicitations, and ...
On December 28, 2023, Vice Chancellor Will of the Delaware Court of Chancery rendered an important decision in Kellner v. AIM ImmunoTech, Inc., which provides key guidance on advance notice bylaw provisions (“ANBs”). The Court found that four out of six of the amended ANBs at issue in the case were “overbroad, unworkable, and ripe for subjective interpretation by the Board,” and struck them down for running afoul of Delaware law. In so doing, Vice Chancellor Will noted the following about these four offensive ANBs: