Tilton to appeal decision taking away control of portfolio companies

Tilton to appeal decision taking away control of portfolio companies


Investor Lynn Tilton said she plans to appeal a Delaware court ruling that would take away her control of some of the companies she runs.

In a statement, Tilton said: “We strongly disagree with today’s ruling and will immediately appeal to the Delaware Supreme Court. This decision, which applies solely to the three companies at issue in this case, goes against established case law, the facts presented at trial, and the recent findings of SEC Administrative Law Judge Carol Fox Foelak.”

On Friday, a Delaware corporate law judge backed a bid to oust Tilton – who controls dozens of companies — from control of some of the companies she runs. The judge said the businesses belong to investors who once backed her but now want her gone.

In September, a Securities and Exchange Commission judge dismissed the agency’s fraud case against Tilton. The case sought to claw back hundreds of millions of dollars collected by Tilton’s firm, Patriarch Partners, saying she misled investors about the value of assets in collateralized loan obligation funds.

Tilton said the other litigation, like the one in Delaware, are “copycat” lawsuits of the SEC case and “nothing but a bad-faith attempt” by rivals to wrest control of the companies away from her.

The companies involved in the Delaware ruling include shower curtain maker Glenoit, equipment manufacturer Universal Instruments and game controller maker PDP. The ruling from Vice Chancellor Joseph Slights of Delaware’s Court of Chancery said these entities belong to the Zohar fund.

Tilton’s much larger companies, including MD Helicopters, Dura Automotive Systems, Stila Cosmetics and Rand McNally, aren’t affected by the ruling and are not parties to the case.



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