EnergySolutions, Inc. (NYSE:ES) Investor Files Lawsuit Over Alleged Breaches Of FIduciary Duties In Takeover

If you purchased shares of EnergySolutions, Inc. (NYSE:ES) prior to January 7, 2013, and currently hold any of those NYSE:ES shares have certain options and should contact the Shareholders Foundation, Inc.

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Company Name(s): 
EnergySolutions
Case Name: 
EnergySolutions 01/14/2013
Case Status: 
Lawsuit Filed
Affected Securities
NYSE: ES
Lawsuit Overview
Type of Lawsuit: 
Mergers and Acquisition
Date Filed: 
01/14/2013
Summary: 

Jan. 15, 2013 (Shareholders Foundation) -- An investor in shares of EnergySolutions, Inc. (NYSE:ES) filed a lawsuit against directors in effort to halt the proposed acquisition of EnergySolutions, Inc. by Energy Capital Partners II, LLC at $3.75 per NYSE:ES share.

The plaintiff alleges that the defendants breached their fiduciary duties owed NYSE:ES stockholders arising out of the attempt to sell EnergySolutions, Inc. too cheaply via an unfair process to Energy Capital Partners II, LLC

On January 7, 2013, EnergySolutions, Inc. (NYSE: ES) announced that it has entered into a acquisition agreement to be acquired by a subsidiary of Energy Capital Partners II, LLC in a transaction with an enterprise value of $1.1 billion. Under the terms of the agreement, EnergySolutions' shareholders will receive $3.75 in cash for each share of common stock. EnergySolutions, Inc said that the offer represents a premium of approximately 20% over the average closing share price of EnergySolutions' common stock for the 30 days ended January 4, 2013.

However, the plaintiff claims that the offer undervalues the company and is unfair to NYSE:ES stockholsers. Indeed, at least one analyst has set the high target price for NYSE:ES shares at $5.00 per share. In addition shares of EnergySolutions, Inc. (NYSE:ES) traded as recently as March 2012 as high as $5.30 per share.