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Texas Court Forces Fermi to Open Internal Records to Shareholder

The Texas Business Court has ordered Fermi Inc. to undergo expedited discovery, rejecting the company's attempt to secure a judicial blessing for its controversial 70% supermajority voting requirement without providing evidence. The ruling marks a significant setback for a board accused of suppressing shareholder rights to maintain entrenched control.

Texas Court Forces Fermi to Open Internal Records to Shareholder

Toby Neugebauer, Fermi’s co-founder and largest shareholder, secured the court order after the company’s board pivoted to state court following a failed challenge in federal proceedings. The board, which includes former Texas Governor Rick Perry, implemented the supermajority threshold specifically to block efforts to expand the board’s size and elect new directors. Neugebauer contends this move serves to insulate current leadership from accountability rather than protect corporate interests.

With the court’s intervention, Fermi must now surrender internal documentation and produce key figures for depositions. Neugebauer argues that this transparency will expose the board's efforts to avoid scrutiny and facilitate the reversal of the restrictive bylaws. He maintains that the company’s current governance practices have stifled shareholder value and that an independent board is necessary to restore investor confidence in the firm’s future.

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