Archive: November 17, 2020

Court of Chancery Allows for Interim Distribution to Stockholders of Altaba, Inc., with Some Conditions

By Scott E. Waxman and B. Ashby Hardesty, Jr.

In In re Altaba, Inc., C.A. No. 2020-0413-JTL, Vice Chancellor Laster authorized Altaba, Inc. (the “Company”), a company pursuing dissolution under Sections 280 and 281(a) of the Delaware General Corporation Law (the “DGCL”), to make an interim distribution to its stockholders, on the condition that it reserved funds for lawsuits pending in Canada resulting from data breaches that the Company disclosed in 2016 (the “Canadian Actions Claim”). Vice Chancellor Laster also allowed the Company to hold back less than the full amount of security requested by Carsten Rosenow, an individual who filed a breach of privacy lawsuit against the Company (the “Rosenow Claim”).

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