Investigation on behalf of investors of Burlington Northern Santa Fe Corporation over possible breach of fiduciary duty by the Burlington Northern Santa Fe board of directors
Nov. 4, 2009 (Eworldwire) --
The Shareholders Foundation Inc. (http://www.shareholdersfoundation.com') announces an investigation on behalf of current investors of Burlington Northern Santa Fe Corporation (NYSE:BNI), who purchased the BNI shares before Nov. 3, 2009, was initiated over potential breaches of fiduciary duty and other violations of state law in connection with an alleged unfair takeover price. The investigation focuses on potential breaches of fiduciary duty and other violations of state law by the Board of Directors of Burlington Northern Santa Fe Corporation arising out of an attempt to sell Burlington Northern Santa Fe Corp to Berkshire Hathaway Inc. (NYSE:BRK A) (NYSE: BRK-A).
On Nov. 3, 2009, boards of directors of Burlington Northern Santa Fe Corporation (BNSF; NYSE: BNI) and Berkshire Hathaway announced an agreement for Berkshire Hathaway to acquire BNSF for $100 per share in cash and stock the remaining 77.4 percent of outstanding BNI shares not currently owned. The transaction is valued at approximately $44 billion.
According to [NAME] law firm which performed the investigation, "The transaction appears to be unfair," because the "offer to purchase Burlington Northern Santa Fe Corporation (BNI) at $100 per share appears opportunistically timed to take advantage of the current economic downturn."
The firm's investigation "concerns whether the directors of Burlington Northern Santa Fe Corporation may have breached their fiduciary duties by not acting in BNI shareholders' best interests," and "the company may not have adequately shopped itself around before entering into this transaction."
Shares of Burlington Northern Santa Fe Corporation traded at about $77.50 per share the day before the announcement and at about $97.50 per share after the news. BNI reached $107.40 per share in August 2008 and $113.05 per share in May 2008.
Those who currently are investors in shares of Burlington Northern Santa Fe Corporation and purchased the shares before Nov. 3, 2009, or have additional information relating to the investigation should contact the Shareholders Foundation Inc. by e-mail at mail@shareholdersfoundation.com or call +1 (858) 779-1554.
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Shareholders Foundation, Inc.
3111 Camino Del rio North
San Diego
CA
92108
(858) 779 1554
mail@shareholdersFoundation.com
