Delaware Court Ruling Creates New Obstacle for Former SPACs

In a case filed simply to determine whether a plaintiff was entitled to attorneys’ fees and expenses for conferring a benefit on a corporation, the Delaware Court of Chancery held that the planned stockholder vote by the corporation would have been insufficient under Delaware law to authorize amendments to the corporation’s certificate of incorporation in connection with a de-SPAC merger transaction. Garfield v. Boxed, Inc., No. 2022-0132-MTZ, 2022 WL 17959766 (Del. Ch. Dec. 27, 2022).
Source: Delaware Court Ruling Creates New Obstacle for Former SPACs