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| JULY 4, 2008 |
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The 29-page decision begins:
World of Warcraft, the market-leading massively multiplayer online role playing game,
entices millions of paying subscribers to immerse themselves in a virtual online world. These
subscribers create their own characters, and through these avatars they interact with other
players, develop skills, create a unique jargon, join guilds and alliances, engage in battles,
and embark on quests. . . . In some ways, perhaps, the world of Mergers and Acquisitions is a
massively multiplayer role playing game as well. Like in World of Warcraft and other games,
the participants in the M&A field take on certain roles, interact in their own community, hone
specialized skills, and even develop a unique, somewhat curious vernacular. One particular
quest in the world of M&A is disclosure litigation. In the instance of disclosure litigation
presently pending before this Court, the world of M&A meets the World of Warcraft.
In denying the plaintiffs’ request for a preliminary injunction, Chandler concludes that, “In the
role-playing game that is this disclosure litigation, both sides have played their respective
roles well.” He continues: “Like any game, this one has rules, and the most essential rule of
disclosure is materiality. Because the plaintiff could not establish the materiality of its final
three disclosure claims, the motion for a preliminary injunction is denied. . . .GAME OVER.”
World of Warcraft, the market-leading massively multiplayer online role playing game,
entices millions of paying subscribers to immerse themselves in a virtual online world. These
subscribers create their own characters, and through these avatars they interact with other
players, develop skills, create a unique jargon, join guilds and alliances, engage in battles,
and embark on quests. . . . In some ways, perhaps, the world of Mergers and Acquisitions is a
massively multiplayer role playing game as well. Like in World of Warcraft and other games,
the participants in the M&A field take on certain roles, interact in their own community, hone
specialized skills, and even develop a unique, somewhat curious vernacular. One particular
quest in the world of M&A is disclosure litigation. In the instance of disclosure litigation
presently pending before this Court, the world of M&A meets the World of Warcraft.
In denying the plaintiffs’ request for a preliminary injunction, Chandler concludes that, “In the
role-playing game that is this disclosure litigation, both sides have played their respective
roles well.” He continues: “Like any game, this one has rules, and the most essential rule of
disclosure is materiality. Because the plaintiff could not establish the materiality of its final
three disclosure claims, the motion for a preliminary injunction is denied. . . .GAME OVER.”
WallStreet Journal
Because of his pop-culture references (50 Cent,
Ray Charles), and his ability to entertain his
audience with otherwise heavy, corporate law
opinions, William B. Chandler III, the chief judge of
the Delaware Court of Chancery, has become an
undisputed LB star.
Today, we’re happy to report on another classic
Chandler opinion. In a disclosure dispute arising
out of litigation related to the Vivendi-Activision deal,
Chandler, in a decision issued yesterday, shows
that his pop culture knowledge is not confined to
music and mythology. He’s conversant in the world
of video games, as well.
Because of his pop-culture references (50 Cent,
Ray Charles), and his ability to entertain his
audience with otherwise heavy, corporate law
opinions, William B. Chandler III, the chief judge of
the Delaware Court of Chancery, has become an
undisputed LB star.
Today, we’re happy to report on another classic
Chandler opinion. In a disclosure dispute arising
out of litigation related to the Vivendi-Activision deal,
Chandler, in a decision issued yesterday, shows
that his pop culture knowledge is not confined to
music and mythology. He’s conversant in the world
of video games, as well.
World of Warcraft versed
lawyer casts judgement!
lawyer casts judgement!
