IN the COURT of CHANCERY of the STATE of DELAWARE BRIAN T. OLSON, ) ) Plaintiff, ) ) V. ) C.A. No. 1884-VCL ) O. ANDREAS HALVORS
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE BRIAN T. OLSON, ) ) Plaintiff, ) ) v. ) C.A. No. 1884-VCL ) O. ANDREAS HALVORSEN, DAVID C. ) OTT, VIKING GLOBAL INVESTORS LP, ) VIKING GLOBAL PARTNERS LLC, ) VIKING GLOBAL PERFORMANCE LLC, ) and VIKING GLOBAL FOUNDERS LLC, ) ) Defendants. ) ____________________________________) ) VIKING GLOBAL PERFORMANCE LLC, ) DANIEL CAHILL and THOMAS ) PURCELL, ) ) Defendant-Counterclaim ) Plaintiff and Third-Party ) Plaintiffs, ) ) v. ) ) BRIAN T. OLSON, ) ) Plaintiff-Counterclaim ) Defendant and Third- ) Party Defendant- ) Counterclaimant. ) MEMORANDUM OPINION AND ORDER Submitted: February 17, 2009 Decided: May 13, 2009 Collins J. Seitz, Jr., Esquire, Bradley R. Aronstam, Esquire, CONNOLLY BOVE LODGE & HUTZ, LLP, Wilmington, Delaware; R. Scott Garley, Esquire, Jeffrey L. Nagel, Esquire, Mark W. Stoutenberg, Esquire, GIBBONS P.C., New York, New York, Attorneys for Brian T. Olson. Martin P. Tully, Esquire, Jon E. Abramczyk, Esquire, MORRIS NICHOLS ARSHT & TUNNELL LLP, Wilmington, Delaware; Bruce Birenboim, Esquire, Susanna Buergel, Esquire, PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP, New York, New York, Attorneys for the Defendants and Counterclaim Plaintiffs. LAMB, Vice Chancellor. A founder of a successful hedge fund brings this action against his two co- founders and entities created to run the fund, claiming that they failed to pay him for his equity interest in the enterprise after he was let go. At trial, the co-founders proved that there was an oral agreement reached, before any operations began, that all earnings would be paid out annually, with no deferral of compensation, and that a departing member would receive only his accrued compensation and the balance of his capital account. Following trial, the court concludes that agreement was never superceded by any other agreement relating to deferred compensation or post-termination rights.
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