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| Protecting the Rights of Shareholders and Consumers |
Burlington Northern Santa Fe Corp. Securities Litigation
Burlington Northern Santa Fe Corp. (NYSE: BNI) shareholder litigation over alleged unfair mergerr
On November 3, 2009, Burlington Northern Santa Fe Corp. (“Burlington” or the “Company”) announced that it agreed to sell the
Company to Berkshire Hathaway, Inc. (NYSE: BRK). Under the terms of the transaction, Berkshire will acquire the remaining
77.4% of Burlington shares it does not already own in a cash and stock valued at approximately $44 billion. The Company’s
stockholders will receive either $100 in cash or a variable number of shares of Berkshire Class A or Class B common stock,
subject to proration if the elections of the shareholders do not equal approximately 60 percent cash and 40 percent stock.
The investigation concerns whether Burlington's Board of Directors have breached their fiduciary duties to stockholders by failing
to adequately shop the Company before entering into this transaction and whether Berkshire is underpaying for Burlington's
shares, thus unlawfully harming Burlington's stockholders.
On November 3, 2009, Burlington Northern Santa Fe Corp. (“Burlington” or the “Company”) announced that it agreed to sell the
Company to Berkshire Hathaway, Inc. (NYSE: BRK). Under the terms of the transaction, Berkshire will acquire the remaining
77.4% of Burlington shares it does not already own in a cash and stock valued at approximately $44 billion. The Company’s
stockholders will receive either $100 in cash or a variable number of shares of Berkshire Class A or Class B common stock,
subject to proration if the elections of the shareholders do not equal approximately 60 percent cash and 40 percent stock.
The investigation concerns whether Burlington's Board of Directors have breached their fiduciary duties to stockholders by failing
to adequately shop the Company before entering into this transaction and whether Berkshire is underpaying for Burlington's
shares, thus unlawfully harming Burlington's stockholders.
