Oracle’s Ellison Gives Up $575 Million to Settle Pillar Data Lawsuit
Settling conflict of interest
By Jean Jacques Maleval | October 7, 2013 at 2:38 pmTo read this article from ZDNet, click on:
Oracle’s Ellison gives up $500m to settle Pillar Data Systems claim
Oracle CEO Larry Ellison has agreed to give up a payout reaching potentially $500 million to settle a dispute based around conflict of interest when Oracle purchased a firm that he controlled.
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In a recent SEC filing, Oracle wrote: On September 30, 2011, a stockholder derivative lawsuit was filed in the Delaware Court of Chancery and a second stockholder was permitted to intervene as a plaintiff on November 15, 2011. At an August 22, 2012, hearing, the court dismissed certain claims but permitted certain claims for breach of fiduciary duty to proceed. On May 3, 2013, plaintiffs filed an amended complaint. The derivative suit is brought by two alleged stockholders of Oracle, purportedly on Oracle's behalf, against one former director and all but two of our current directors, including against our CEO as an alleged controlling stockholder. Plaintiffs allege that Oracle's directors breached their fiduciary duties in agreeing to purchase Pillar Data Systems, Inc. at an excessive price. Plaintiffs seek declaratory relief, rescission of the Pillar Data transaction, damages, disgorgement of our CEO's alleged profits, disgorgement of all compensation earned by defendants as a result of their service on Oracle's Board or any committee of the Board, and an award of attorneys' fees and costs. The parties attended a mediation on September 3, 2013, and continue to discuss a possible settlement of this matter. Trial is scheduled for November 18 to 22, 2013. Read also: Oracle Sued by Retirement Fund Over purchase of Larry Ellison's Pillar Oracle Buys Pillar Buyer's CEO owner of the acquired company [with our comments]