COMRIE v. ENTERASYS NETWORKS, INC.

C.A. No. 19254.

837 A.2d 1 (2003)

Michael COMRIE, Ian Cheong, Earle Comrie, Kay Comrie, Leroy Dougherty, Cynthia A. Ott, Peter Ott, Stephanie Sebastiano, Sally Seto, Afshin Shams, and Julie M. Shams, Plaintiffs, v. ENTERASYS NETWORKS, INC., a Delaware corporation, GNTS (Canada) Inc., an Ontario corporation, and GlobalNetwork Technology Services, Inc., a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: September 4, 2003.


Attorney(s) appearing for the Case

Vernon R. Proctor, Christal Lint, The Bayard Firm, Wilmington, Delaware, for the Plaintiffs.

William M. Lafferty, Patricia Uhlenbrock, Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware; Douglas H. Meal, Emily C. Shanahan, Ropes & Gray, Boston, Massachusetts, for the Defendants.


OPINION

LAMB, Vice Chancellor.

I.

Near the height of the recent Internet/IPO market bubble, the plaintiffs sold their business in exchange for a combination of cash and options to purchase stock in a corporation that the defendants planned to take public through an IPO at a price significantly greater than the strike price of those options. The implied "in the money" value of those options (measured against the anticipated IPO price) clearly...

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