Thursday, August 11, 2005

Availability of the Disney decision

Earlier today I received a request for a copy of the Disney decision from Aug. 9. The requestor said that the Financial Times said the decision was 180+ pages. The version from the Court of Chancery of Delaware is that long. I found a link to the decision, in a pdf file, at http://www.faegre.com/articles/article_1648.aspx (which is the newsletter of a law firm for which I once worked as a legal assistant.) However, the decision is also available in Westlaw and Lexis-Nexis. On Westlaw it runs 86 pages. The official case name: In Re The Walt Disney Company Derivative Litigation.

The court found that the director defendants did not breach their fiduciary duties. The introduction to the decision has a summary of fiduciary duties, which you might want to read. The judge states that these duties do not change, unlike ideals of corporate governance.

Much of the decision is taken up with the details of the hiring and firing of Michael Ovitz and the end of the friendship between Ovitz and Michael Eisner.

An appeal of the court's decision has been announced.

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