On May 31, 2012, Vulcan Materials issued a press release on the Delaware Supreme Court's ruling affirming the Delaware Court of Chancery's decision in Martin Marietta Materials, Inc. v. Vulcan Materials Company. The decision comes the day before Vulcan Material's annual stockholders meeting. Martin Marietta now must abide by the Court of Chancery's decision and is enjoined from pursuing its exchange offer and proxy contest to acquire control of Vulcan for four months.

On May 4, 2012, the Court of Chancery held that Martin Marietta breached two confidentiality agreements by using confidential information acquired during its merger negotiations with Vulcan Materials to initiate a hostile bid and proxy contest, even though neither confidentiality agreement included an express standstill provision. For more information on the Court of Chancery's decision see Legal Update, Martin Marietta: Delaware Court of Chancery Holds Use of Confidential Information in Hostile Bid Breaches Confidentiality Agreements.