The case name is Capozza v. NYMEX Holdings, Inc., et al. A copy of the Complaint is available from the Court or can be viewed by clicking on the link at the firm’s website, www.whafh.com.
The complaint alleges that the director-defendants, aided and abetted by NYMEX and CME, breached their fiduciary duties to Mr. Capozza and the other NYMEX shareholders by agreeing to sell NYMEX to CME for grossly inadequate consideration. The complaint also alleges that the proposed acquisition was negotiated through a process that was fundamentally flawed.
According to Mr. Capozza, “I have taken this action to protect all the NYMEX shareholders from the personal self-interest of management. If we sell our shares, we should get a fair and adequate price, not one that rewards Mr. Schaeffer and his cohorts at our expense.” Mr. Capozza added, “I have been a member and shareholder of the New York Mercantile Exchange for more than 25 years, and my concern has always been to see that the members are treated fairly. This proposed sale is the latest instance of management operating for their own interest rather than the best interest of all the shareholders. As a public company, it is more important than ever that management is accountable to all the shareholders.”
Wolf Haldenstein has extensive experience in the prosecution of securities class actions and derivative litigation in state and federal trial and appellate courts across the country. The firm has approximately 60 attorneys in various practice areas and offices in Chicago, New York City, San Diego, and West Palm Beach. The firm’s reputation and expertise have been repeatedly recognized by the courts and the firm has been appointed to major positions in complex multi-district and consolidated litigations. If you were a NYMEX shareholder and would like to discuss this action or have any questions, please contact Wolf Haldenstein by telephone at (212) 545-4600 (Mark C. Rifkin, Esq., or Rachel Poplock, Esq.), or by e-mail at rifkin@whafh.com or poplock@whafh.com. All correspondence should refer to the NYMEX Action.