IN RE WALT DISNEY CO. DERIVATIVE LIT.

Consolidated C.A. No. 15452.

731 A.2d 342 (1998)

In re the WALT DISNEY COMPANY DERIVATIVE LITIGATION.

Court of Chancery of Delaware, New Castle County.

Decided: October 7, 1998.


Attorney(s) appearing for the Case

Joseph A. Rosenthal, and Norman M. Monhait, of Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, of counsel: Steven G. Schulman, Edith M. Kallas, and U. Seth Ottensoser of Milberg Weiss Bershad Hynes & Lerach LLP, New York, NY, San Diego and Los Angeles, CA, for Plaintiffs.

David C. McBride, of Young, Conaway, Stargatt & Taylor, Wilmington, of counsel: Ronald L. Olson, George M. Garvey, and Mark H. Epstein, of Munger, Tolles & Olson LLP, Los Angeles, CA, for Defendant Michael S. Ovitz.

R. Franklin Balotti, Anne C. Foster, Srinivas M. Raju, and Peter B. Ladig, of Richards, Layton & Finger, Wilmington, for Director Defendants.

Andre G. Bouchard, and Joel Friedlander, of Bouchard, Friedlander & Maloneyhuss, Wilmington, of counsel: Edward J. Nowak, and Jay S. Handlin, Burbank, CA; and Dewey Ballantine, Los Angeles, CA, for the Walt Disney Company.


OPINION

CHANDLER, Chancellor.

This case arises from a corporate board's decision to approve a large severance package for its president. Certain shareholders of the corporation seek relief from the Court of Chancery because that board actually honored the corporation's employment contract when the president left the company. The sheer magnitude of the severance package undoubtedly sparked this litigation, as well as the intense media coverage of the ensuing...

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