NOVACK v. GSI COMMERCE, INC.

Civil Action No. 11-11176-JLT.

KEVIN J. NOVACK, AS REPRESENTATIVE OF THE FORMER SHAREHOLDERS OF RETAIL CONVERGENCE, INC., Plaintiff, v. GSI COMMERCE, INC., MICHAEL G. RUBIN, NRG COMMERCE, LLC, GIBRALTAR ACQUISITION CORP., AND EBAY INC., Defendants.

United States District Court, D. Massachusetts.

October 6, 2011.


MEMORANDUM

JOSEPH L. TAURO, District Judge.

I. INTRODUCTION:

This action arises out of two mergers. The first is the 2009 merger of Retail Convergence, Inc. ("RLL") and GSI Commerce, Inc. ("GSI").1 The second is GSI's 2011 merger with eBay.2 Plaintiff represents the former shareholders of RLL who claim that the 2011 merger entitles them to an "earn-out" under the terms of the...

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