Albert J Carroll

May 15, 2024 | Delaware Business Court Insider

In re Carvana Stockholders Litigation is another example of a board successfully employing this process to discontinue a derivative suit after directors weighed the pros and cons and made a good faith business judgment to dismiss.

By Albert J. Carroll

6 minute read

November 08, 2023 | Delaware Business Court Insider

Triggering Delaware's entire fairness review in stockholder litigation was once considered outcome determinate, but that view has waned. Numerous…

By Albert J. Carroll

6 minute read

February 17, 2021 | Delaware Business Court Insider

Our criteria for selection are that the decision either meaningfully changed Delaware law or provided clarity or guidance on issues relevant to corporate and commercial litigation in Delaware.

By Lewis H. Lazarus, Albert H. Manwaring IV and Albert J. Carroll

21 minute read

March 11, 2020 | Delaware Business Court Insider

This top 10 list summarizes significant decisions of the Delaware Supreme Court and the Delaware Court of Chancery over the past calendar year. Our criteria for selection are that the decision either meaningfully changed Delaware law or provided clarity or guidance on issues relevant to corporate and commercial litigation in Delaware.

By Lewis H. Lazarus, Albert H. Manwaring IV and Albert J. Carroll

21 minute read

November 06, 2019 | Delaware Business Court Insider

Delaware law has long recognized that significant personal or professional ties to a party who would be a defendant in the prospective derivative claim, like a conflicted controlling stockholder, is grounds for finding a director lacks independence.

By Albert J. Carroll and Matthew F. Lintner

6 minute read

July 31, 2019 | Delaware Business Court Insider

Enforcement mechanisms available to creditors of Delaware corporations may include, inter alia, claims against directors to recover unlawful dividends under Section 174 of the Delaware General Corporation Law; and fraudulent transfer claims against the corporation and transferees including, where Delaware law applies, under Delaware's Uniform Fraudulent Transfer Act.

By K. Tyler O'Connell and Albert J. Carroll

8 minute read

May 08, 2019 | Delaware Business Court Insider

When challenged, transactions involving a corporation and its conflicted controlling stockholder invoke Delaware's rigorous form of judicial scrutiny, known as entire fairness review.

By Albert J. Carroll

5 minute read