Emak Worldwide, Inc., Below v. Donald A. Kurz and Sems Diversified Value, Lp, Below and Bouchard Margules &…

Summary

The Supreme Court of Delaware affirmed a $2.5 million interim attorney-fee award arising from litigation that preserved EMAK shareholders' voting rights, corrected disclosure deficiencies, and invalidated an attempted board reduction. The court held that preserving voting rights is a meaningful corporate benefit regardless of the corporation's monetary value and that the record supported the Court of Chancery's fee analysis and factual findings. It also held that the alleged inevitability of Crown's control was a factual question that the trial court resolved adequately.