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WHITE v. PANIC

Civ. A. No. 16800.

793 A.2d 356 (2000)

Andrew WHITE, Plaintiff, v. Milan PANIC, Weldon B. Jolley, Thomas H. Lenagh, Roberts A. Smith, Richard W. Starr, Andrei Kozyrev, Norman Barker, Jr., Birch E. Bayh, Jr., Alan F. Charles Adam Jerney, Stephen D. Moses, Roger Guillemin, Jean-Francois Kurz, Charles T. Manatt, Michael Smith and Inc Pharmaceuticals, Inc. Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: January 19, 2000.

Attorney(s) appearing for the Case

Joseph A. Rosenthal, of Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, Irving Bizar, of Bizar, Martin & Taub, New York City, for Plaintiff.

Jesse A. Finkelstein, and Srinivas Raju, of Richards, Layton & Finger, Wilmington, Warren L. Dennis and Michael C. Hochman of Proskauer Rose, LLP, Washington, D.C., for Director Defendants.

Christian Douglas Wright, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Lawrence P. Eagel, Bragar Wexler Eagel & Morgenstern, New York City, for Defendant ICN Pharmaceuticals, Inc.

OPINION

LAMB, Vice Chancellor.

I. INTRODUCTION

In July 1998 U.S. News and World Report ran a cover story focusing on sexual harassment by CEOs. The article discussed the troubles facing ICN Pharmaceuticals, Inc., arising from alleged misconduct by Milan Panic, the company's founder and Chief Executive Officer. The story noted that numerous former ICN female employees had filed complaints of sexual harassment against Panic and that ICN had...

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