Since Chancellor Strine's opinion in Americas Mining (a.k.a. the Southern Peru-Grupo Mexico case) was just affirmed by the Delaware Supreme Court, John Reed's analysis is still apt:
DLA Piper's Reed on Strine, Southern Peru-Grupo... by thedealvideo
I agree with him that we don't want judges second guessing a properly constituted and functioning special committee. Hence, I'm inclined to think that the decision of such a committee ought to get business judgment rule protection. Unfortunately, the coyrt did not go that route.
