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.
Tried one of the first contested matters to reach judgment under 8 Del. C. § 205, Delaware's statute permitting the Court of Chancery to validate defective corporate acts. After trial, obtained a ruling retroactively validating the challenged stock issuances and restoring clients' voting control of the company.
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.