OPENWAVE SYSTEMS INC. and Bernard Puckett, Plaintiffs,
v.
HARBINGER CAPITAL PARTNERS MASTER FUND I, LTD., Harbinger Capital Partners Special Situations Fund, L.P., James L. Zucco, and Andrew Breen, Defendants.
Court of Chancery of Delaware, New Castle County.https://leagle.com/images/logo.png
Submitted: March 23, 2007.
Decided: May 18, 2007.
Attorney(s) appearing for the Case
Edward P. Welch, Esquire, Edward B. Micheletti, Esquire, Rachel I. Jacobs, Esquire, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, Delaware; Garrett J. Walzer, Esquire, Skadden, Arps, Slate, Meagher & Flom LLP, Palo Alto, California, Attorneys for the Plaintiffs.
Stephen E. Jenkins, Esquire, Richard D. Heins, Esquire, Richard I.G. Jones, Jr., Esquire, Catherine A. Strickler, Esquire, Andrew D. Cordo, Esquire, Ashby & Geddes, Wilmington, Delaware; M. Douglas Dunn, Esquire, John T. O'Connor, Esquire, Andrew E. Tomback, Esquire, Milbank, Tweed, Hadley & McCloy LLP, New York, New York, Attorneys for the Defendants.
Court of Chancery of Delaware, New Castle County.
OPINION
LAMB, Vice Chancellor.
This is a coordinated proceeding involving two related actions brought pursuant to Section 225 of the Delaware General Corporation Law. In the first filed action, a hedge fund stockholder in a Delaware corporation that attempted to nominate candidates for two board seats at the corporation's January 2007 annual meeting seeks to invalidate the election or, in the alternative...
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