Keane Merger Litigation
Nichols v. Keane was a case brought on behalf of the stockholders of Keane, Inc. in connection with a proposed merger between Keane and Caritor, Inc. The complaint alleged that the merger was unfair and inadequately priced, that the disclosure documents for the merger failed to provide sufficient information to Keane shareholders, and that the defendants improperly backdated Keane stock option grants. A settlement was reached that provided for a supplemental proxy statement containing additional disclosures and the creation of a settlement fund into which would be transferred any disgorgement amounts paid by any of the defendants to Keane (in connection with any investigation into the mispricing of options).