Legal Opinion

Benihana of Tokyo, Inc. v. Benihana, Inc.

Supreme Court of Delaware

Decided August 24, 2006No. 36, 2006PublishedCited by 47 opinions

1Opinion of the Court

BERGER, Justice:

In this appeal, we consider whether Benihana, Inc. was authorized to issue $20 million in preferred stock and whether Benihana’s board of directors acted properly in approving the transaction. We conclude that the Court of Chancery’s factual findings are supported by the record and that it correctly applied settled law in holding that the stock issuance was lawful and that the directors did not breach their fiduciary duties. Accordingly, we affirm.

Factual and Procedural Background

Rocky Aoki founded Benihana of Tokyo, Inc. (BOT), and its subsidiary, Benihana, which own and…

2Cases cited11 opinions

  1. Aronson v. LewisSupreme Court of Delaware · 1984
  2. Cede & Co. v. Technicolor, Inc.Supreme Court of Delaware · 1994
  3. Smith v. Van GorkomSupreme Court of Delaware · 1985
  4. Cinerama, Inc. v. Technicolor, Inc.Supreme Court of Delaware · 1995
  5. Williams v. GeierSupreme Court of Delaware · 1996

6 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. F5 Capital v. PappasCourt of Appeals for the Second Circuit · 2017
  2. Prairie Capital III, L.P. v. Double E Holding Corp.Court of Chancery of Delaware · 2015
  3. Quadrant Structured Products Company, Ltd. v. VertinCourt of Chancery of Delaware · 2014
  4. Carsanaro v. Bloodhound Technologies, Inc.Court of Chancery of Delaware · 2013
  5. Schoon v. SmithSupreme Court of Delaware · 2008

42 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API