That's right, but it's also not like selling a privately held company. Similar fiduciary obligations/issues apply as in the sale of a public company. The fact that those harmed by acceptance of a lower bid are employees of the Tribune makes it all the less likely. I think a key issue, though, is that it's the Trib that has the fiduciary responsibility, not MLB. If the Trib accepts the highest bid but MLB doesn't approve it the Trib couldn't be held liable. They will have done their part. Sam Zell doesn't appear to be the type of guy that will would go down quietly. He bought the Tribune Co. to make money, and if Cuban is offering the most money, he is going to move heaven and earth to make sure that Cuban is approved. One thing for sure, he cannot sue. With all due respect, nearly anyone can sue over anything. Dealing in the legal world I can assure that he can certainly file a lawsuit in this matter. That said, you appear to commenting on the viability of the lawsuit. Thats a whole different topic. The suit itself can very well be brought though.