Partners Gardner Davis and Danielle Whitley contributed an article to Westlaw Journal’s Delaware Corporate, “Why CEO Was Held Personally Liable for $148 Million in Dole Foods Buyout,” on September 14, 2015. The article discussed how Dole Foods Chairman, CEO and 40 percent shareholder negotiated with the board to take the company private, and during the process corrupted the “going private” merger. Davis and Whitely outline the main issues and concerns of the case and highlight what inherent problems boards face when dealing with a controlling party freeze-out merger.
