On February 29, 2012, Chancellor Strine of the Delaware Court of Chancery refused to enjoin the stockholder vote to approve the merger of El Paso Corporation and Kinder Morgan, Inc., despite his findings that the plaintiffs have a reasonable likelihood of success in showing the merger process was "tainted by disloyalty." Although the transaction was negotiated by a CEO with an undisclosed conflict of interest and the board was advised by a financial advisor with a known conflict, the Chancellor found that the balance of harms did not warrant a preliminary injunction.

PLC Corporate & Securities has now published a more detailed discussion of this case, see Legal Update, Chancellor Strine Declines to Enjoin Kinder Morgan Acquisition of El Paso: Further Discussion.