International Coal Group involved in several class action lawsuits challenging the tender offer by, and second-step merger with, Arch Coal
Client(s) International Coal Group, Inc.
Jones Day represented International Coal Group, Inc. ("ICG") and its officers and directors in several class action lawsuits filed in May 2011 in Delaware and West Virginia state courts and West Virginia federal court challenging the tender offer by, and second-step merger with, Arch Coal, Inc. In the lawsuits, Plaintiffs sought, among other things, injunctive relief asserting claims for breaches of fiduciary duties and aiding and abetting breaches of fiduciary duties. In May and June 2011, the parties entered into three Memorandums of Understanding providing for agreements-in-principle to settle the various actions, pursuant to which ICG filed with the SEC two amendments to the previously-filed Schedule 14D-9 that included certain additional disclosures. On January 30, 2012 the Delaware state court approved the settlement.