Yucaipa v. Barnes & Noble

Summary

In this retail industry mergers and acquisition litigation bench trial proceeding, plaintiff Yucaipa America Alliance Fund II sought a change in defendant Barnes and Nobles poison pill arrangement, which prohibits the plaintiff, a hedge fund to buy additional stake in the company. The plaintiff alleged Barnes and Nobles and its directors of breach of fiduciary duty.

The plaintiff was represented by attorney David McBride. The defendant in this case, Barnes and Nobles was represented by attorney Sandra Goldstein.

Outcome

For the Defendant.

Case Information

Attorneys

Witnesses

Plaintiff: Yucaipa American Alliance Fund, LP
Defense: Barnes & Noble
Campbell, George

Judge: Leo Strine
Jurisdiction: Delaware Court Of Chancery
Court: New Castle County Courthouse

Case Number: 5465-VCS
Industry: Retail
Practice Area: Mergers and Acquisitions

Plaintiff

Yucaipa American Alliance Fund, LP

Defense

Barnes & Noble

Represented By:
Goldstein, Sandra (Cravath, Swaine and Moore, LLP)

Defense

Campbell, George

Expert Witnesses

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

AM Session

Plaintiff Witness(es)

10 Chapters

	Description	Attorney	Witness	Presence
00:01:51	Witness Direct Examination	Alexander, Stephen	Burkle, Ron	In Person
01:00:21	Witness Cross Examination	Nachbar , Kenneth	Burkle, Ron	In Person
01:39:28	Break
01:56:50	Witness Cross Examination	Nachbar , Kenneth	Burkle, Ron	In Person
02:37:40	Witness Re-Direct Examination	Alexander, Stephen	Burkle, Ron	In Person
00:00:03	General Case Activities
02:46:13	Witness Direct Examination			Video Recording
02:54:23	Witness Direct Examination			Video Recording
02:58:33	Witness Direct Examination			Video Recording
03:26:28	End of Session

PM Session

Plaintiff Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:05:56	Witness Cross Examination	Alexander, Stephen	Higgins, Patricia	In Person
01:18:28	Witness Direct Examination	Nachbar , Kenneth	Higgins, Patricia	In Person
01:40:47	Break
01:57:08	Witness Direct Examination	Nachbar , Kenneth	Higgins, Patricia	In Person
02:23:40	Witness Re-Cross Examination	Alexander, Stephen	Higgins, Patricia	In Person
02:33:20	Witness Direct Examination	Alexander, Stephen	Taxin, Greg	In Person
00:00:26	General Case Activities
03:23:00	General Case Activities
03:32:23	End of Session

JUL

AM Session

Plaintiff Witness(es)

8 Chapters

	Description	Attorney	Witness	Presence
00:00:01	Witness Direct Examination	Alexander, Stephen	Taxin, Greg	In Person
01:19:00	Witness Cross Examination	Nachbar , Kenneth	Taxin, Greg	In Person
01:42:38	Break
01:55:15	Witness Re-Direct Examination	Alexander, Stephen	Taxin, Greg	In Person
02:42:02	Witness Re-Cross Examination	Nachbar , Kenneth	Taxin, Greg	In Person
02:44:44	Witness Cross Examination	Alexander, Stephen	Riggio, Leonard	In Person
02:42:59	General Case Activities
03:21:06	End of Session

PM Session

Plaintiff Witness(es)

7 Chapters

	Description	Attorney	Witness	Presence
00:00:15	Witness Cross Examination	Alexander, Stephen	Riggio, Leonard	In Person
00:53:26	Witness Direct Examination	Goldstein, Sandra	Riggio, Leonard	In Person
01:14:04	Break
01:34:12	Witness Direct Examination	Goldstein, Sandra	Riggio, Leonard	In Person
02:07:55	Witness Re-Cross Examination	Alexander, Stephen	Riggio, Leonard	In Person
02:21:35	Witness Direct Examination	Alexander, Stephen	Burch, Daniel	In Person
03:10:42	End of Session

JUL

AM Session

Plaintiff Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:13:22	Witness Direct Examination	Alexander, Stephen	Burch, Daniel	In Person
00:49:58	Witness Cross Examination	Nachbar , Kenneth	Burch, Daniel	In Person
01:22:18	Break
01:33:25	Witness Re-Direct Examination	Alexander, Stephen	Burch, Daniel	In Person
02:07:18	Witness Direct Examination	Waescow, Susan	Harkins, Peter	In Person
02:48:08	Witness Cross Examination	Boland, Beth	Harkins, Peter	In Person
00:00:03	General Case Activities
02:04:46	General Case Activities
03:06:56	End of Session

PM Session

Defense Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:07	Witness Cross Examination	Boland, Beth	Harkins, Peter	In Person
00:29:17	Witness Direct Examination	Goldstein, Sandra	Daniels, Jennifer	In Person
01:27:20	Witness Cross Examination	Lessner, Martin	Daniels, Jennifer	In Person
01:40:42	Break
01:56:58	Witness Cross Examination	Lessner, Martin	Daniels, Jennifer	In Person
02:43:47	Witness Re-Direct Examination	Goldstein, Sandra	Daniels, Jennifer	In Person
02:48:40	Witness Direct Examination	Nachbar , Kenneth	Barshay, Scott	In Person
02:46:37	Witness Re-Cross Examination	Lessner, Martin	Daniels, Jennifer	In Person
03:25:16	End of Session

JUL

AM Session

Defense Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:01	Witness Direct Examination	Nachbar , Kenneth	Barshay, Scott	In Person
00:10:14	Witness Cross Examination	Alexander, Stephen	Barshay, Scott	In Person
01:02:51	Witness Re-Direct Examination	Nachbar , Kenneth	Barshay, Scott	In Person
01:11:16	Witness Re-Cross Examination	Alexander, Stephen	Barshay, Scott	In Person
01:18:35	Witness Direct Examination	Nachbar , Kenneth	Del Guidice, Micheal	In Person
01:39:06	Break
01:57:06	Witness Direct Examination	Nachbar , Kenneth	Del Guidice, Micheal	In Person
02:21:25	Witness Cross Examination	Alexander, Stephen	Del Guidice, Micheal	In Person
03:23:18	End of Session

PM Session

Defense Witness(es)

4 Chapters

	Description	Attorney	Witness	Presence
00:00:03	Witness Cross Examination	Alexander, Stephen	Del Guidice, Micheal	In Person
00:03:52	Witness Re-Direct Examination	Nachbar , Kenneth	Del Guidice, Micheal	In Person
00:07:28	General Case Activities
00:39:56	End of Session

JUL

Recording Disclaimer: This proceeding was recorded in full.

Yucaipa v. Barnes & Noble

Summary

Outcome

Sessions

AudioCaseFiles

Essentials

Training Libraries