REPRESENTATIVE EXPERIENCE
Robert K. Beste
Obtained judgment for petitioners in a Court of Chancery statutory appraisal action, securing US$0.66 per share above the merger price — a rare outcome in which the court declined to adopt the negotiated merger price as fair value in an arm's-length, third party transaction. Successfully cross-examined the company's financial expert and presented the petitioners' merger process expert, both of which were critical to the court's ruling.
Secured a US$4.6 million class action settlement on behalf of common stockholders in a fiduciary duty action before the Court of Chancery, following a post-trial decision that has become one of the court's most frequently cited opinions on the duties owed by boards and preferred stockholders.
Secured a judgment for US$931,293 on a breach of contract claim following a bench trial in the United States District Court for the District of Delaware.
Obtained a judgment on the pleadings for more than US$1.5 million on a breach of contract claim, then successfully defended that judgment on appeal to the Delaware Supreme Court.