Aric H Wu

July 20, 2017 | Delaware Business Court Insider

A recent Chancery Court decision illustrates that courts are reluctant to imply preferred stockholder rights that are not clearly set forth in the documents containing the preferred stock terms.

By Aric H. Wu

6 minute read

July 20, 2016 | Delaware Business Court Insider

A recent decision illustrates that derivative suits allegedly filed without adequate investigation can have preclusive effect against more factually developed, but later-filed, suits.

By Aric H. Wu, Jefferson E. Bell and Ryan J. Levan

13 minute read

August 19, 2015 | Delaware Business Court Insider

In In re AbbVie Stockholder Derivative Litigation, 2015 Del. Ch. LEXIS 192 (Del. Ch. July 21, 2015), Vice Chancellor Sam Glasscock III rejected the plaintiffs' request that they be accorded "equitable standing" to pursue derivative claims and clarified that, absent well-pleaded facts reflecting a "wrong abhorrent to equity," there are no exceptions to the standing requirements for derivative actions set forth in 8 Del. C. Section 327.

By Aric H. Wu and Jefferson E. Bell

6 minute read

August 19, 2015 | Delaware Business Court Insider

In , 2015 Del. Ch. LEXIS 192 (Del. Ch. July 21, 2015), Vice Chancellor Sam Glasscock III rejected the plaintiffs' request that they be accorded "equitable standing" to pursue derivative claims and clarified that, absent well-pleaded facts reflecting a "wrong abhorrent to equity," there are no exceptions to the standing requirements for derivative actions set forth in 8 Del. C. Section 327.

By Aric H. Wu and Jefferson E. Bell

6 minute read

April 16, 2014 | Delaware Business Court Insider

In a recent opinion granting in part and denying in part a motion for summary judgment, Vice Chancellor John W. Noble provided guidance in Frank v. Elgamal, 2014 Del. Ch. LEXIS 37 (Del. Ch. Mar. 10, 2014), on what constitutes a control group in the context of a merger transaction and how the entire fairness and Revlon standards apply when there is a control group.

By Aric H. Wu and Jefferson E. Bell

6 minute read

July 17, 2013 | Delaware Business Court Insider

In National Industries Group (Holding) v. Carlyle Investment Management LLC, __ A.3d __, 2013 Del. LEXIS 253 (Del. May 29, 2013), the Delaware Supreme Court addressed arguably inconsistent precedents and clarified that the Chancery Court has subject-matter jurisdiction to enter an anti-suit injunction based on a valid forum-selection clause.

By Aric H. Wu

5 minute read