Scott M. Tucker
SCOTT M. TUCKER, an associate in the Wilmington Office, is admitted to practice before the Supreme Courts of Delaware and Connecticut, the United States District Court for the District of Delaware and the United States Court of Appeals for the Third Circuit. He is a graduate of the Syracuse University College of Law (J.D. 2006, cum laude), the Whitman School of Management at Syracuse University (M.B.A. 2006), and SUNY Cortland (B.S. 2002, cum laude). While attending law school, Mr. Tucker was a member of the Securities Arbitration Clinic and received a Corporate Counsel Certificate from the Center for Law and Business Enterprise.
Together with the Firm’s Partners, Mr. Tucker is assisting in the prosecution of numerous shareholder and unitholder class and derivative actions arising pursuant to Delaware law, including;
In re Kinder Morgan, Inc. Shareholders Litigation, Consol. C.A. No. 06-C-801 (Kan.) This pending action alleges the value of KMI’s shares is materially in excess of the $107.50 agreed to in connection with the Buyout, that the consideration is inadequate and represents an attempt by the Buyout Group to wield its control to force out the public shareholders in order to reward itself with the profits rightfully belonging to the Plaintiffs and KMI’s public shareholders, and that the proposed offer was timed to take advantage of a slump in the share price of KMI that immediately preceded the initial Buyout offer.
In Re Yahoo! Shareholders Litigation, Civil Action No. 3561-CC (Del. Ch.) This action alleged that Yahoo and its board of directors (the “Board”) acted to thwart a non-coercive takeover bid by Microsoft, which would provide a 62% premium over Yahoo’s pre-offer share price, and instead approved improper defensive measures and pursued third party deals that would be destructive to shareholder value. A settlement providing comprehensive changes to Yahoo's change in control severance plans was approved by the Court of Chancery on March 6, 2009. The settlement was characterized by one analyst as making "Yahoo much more attractive to suitors because it removes a potentially open ended liabilty from the acquisition equation. We see a definite positive."
Mr. Tucker is an associate member of the Board of Bar Examiners of the Supreme Court of the State of Delaware.
