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Publication Date: 2024-06-25
Practice Area: Corporate Governance
Industry: Cargo and Shipping | Insurance | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: Andrew H. Sauder Dailey, LLP, Wilmington, DE for plaintiff.
for defendant: Rebecca L. Butcher, Jennifer L. Cree, Howard W. Robertson IV, Landis Rath & Cobb LLP, Wilmington, DE for defendant.
Case Number: 2023-0589-NAC
Failure to follow written notice requirements to exercise investment option was waived where defendants acted to delay or obstruct plaintiff's efforts to exercise the option despite multiple oral notices of intent to exercise.
Publication Date: 2024-06-25
Practice Area: Mergers and Acquisitions
Industry: Insurance | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2234
Court affirmed summary judgment dismissal of claims where they were collaterally estopped by satisfied arbitration award that resolved the parties' dispute over valuation of deferred compensation payments.
Publication Date: 2024-06-18
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE for plaintiffs.
for defendant: Matthew D. Perri, Daniel E. Kaprow, Elizabeth J. Freud, Alfred P. Dillione, Rae Ra, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: 2024-0311-LWW
Court ordered a bond due to the potential for defendant suffering financial losses in connection with a status quo order that restricted defendant from transferring securities it was set to receive.
Publication Date: 2024-06-18
Practice Area: Mergers and Acquisitions
Industry: Automotive | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: P. Bradford deLeeuw, deLeeuw Law LLC, Wilmington, DE; Robert C. Schubert, Willem F. Jonckheer, Schubert Jonckheer & Kolbe LLP, San Francisco, CA for plaintiff.
for defendant: Kevin R. Shannon, Christopher N. Kelly, Daniel M. Rusk IV, Potter Anderson & Corroon LLP, Wilmington, DE; James W. Ducayet, Heather Benzmiller Sultanian, Thomas H. Collier, Sidley Austin LLP, Chicago, IL for defendants.
Case Number: 2022-0571-LWW
Breach of fiduciary duty claims arising from de-SPAC transaction dismissed where claims were based on post-merger developments and thus there was no evidence that defendants failed to disclose material information to public stockholders considering redemption or investment.
Publication Date: 2024-06-11
Practice Area: Mergers and Acquisitions
Industry: Education | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE; Thomas S. Biemer, Patrick M. Northen, Dilworth Paxson LLP, Philadelphia, PA for plaintiff.
for defendant: Robert L. Burns, Kyle H. Lachmund, Richards Layton & Finger, P.A., Wilmington, DE; Thomas A. Uebler, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE; Steven M. Hecht, Rolnick Kramer Sadighi LLP, New York, NY for defendants.
Case Number: 2022-0719-SG
Investor's contractual claims arising from company's acquisition failed where investor failed to adequately plead a frustration of its contractual rights by defendants or the existence of such rights under the parties' agreements.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2024-06-11
Practice Area: Corporate Entities
Industry: Electronics | Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE for plaintiff.
for defendant: Robert L. Burns, Kyle H. Lachmund, Craig K. Ferrere, Naseeba Saeed, Richards Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: 2023-0768-SG
Court declined to grant petition for appointment of receiver where petitioners potentially lacked standing and failed to demonstrate circumstances warranting a receivership.
Publication Date: 2024-06-03
Practice Area: Securities Litigation
Industry: Health Care | Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Judge Wallace
Attorneys: For plaintiff: Kevin M. Coen, Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Joseph P. Rockers, Justin D. Ward, Goodwin Procter, Boston, MA for plaintiffs.
for defendant: Shannon E. German, Jeremy W. Gagas, Emmanuel J. Burrell, Wilson Sonsini Goodrich & Rosati, Wilmington, DE for defendant.
Case Number: 2023-1253-PRW
Investor adequately pled fraud claim by alleging that entrepreneur intentionally misappropriated a third party's intellectual property despite making contractual representations as to the validity of their ownership of their IP.
Publication Date: 2024-06-03
Practice Area: Bankruptcy
Industry: Energy | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Hall
Attorneys: For plaintiff: J. Christopher Shore, Colin T. West, White & Case LLP, New York, NY; Michael J. Farnan, Farnan LLP, Wilmington, DE for appellant.
for defendant: Daniel M. Stern, Samuel M. Kidder, KTBS Law LLP, Los Angeles, CA; Andrew J. Gallo, Nathaniel P. Bruhn, Morgan, Lewis & Bockius LLP, Boston, MA; Bryan Killian, Morgan, Lewis & Bockius LLP, Washington, DC; Michael R. Nestor, Michael S. Neiburg, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for appellees.
Case Number: 15-11934 (BLS)
Court denied certification of direct appeal of bankruptcy order to the Third Circuit where the order did not announce a per se rule or conflict with settled precedent.
Publication Date: 2024-06-03
Practice Area: Mergers and Acquisitions
Industry: Energy | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Ned Weinberger, Brendan W. Sullivan, Labaton Keller Sucharow LLP, Wilmington, DE; Gregory V. Varallo, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Stephen E. Jenkins, Marie M. Degnan, Ashby & Geddes, P.A., Wilmington, DE; Jeroen van Kwawegen, Lauren A. Ormsbee, Thomas G. James, Margaret Sanborn-Lowing, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiffs.
for defendant: Martin S. Lessner, James M. Yoch, Jr., Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Brian J. Massengill, Michael Olsen, Matthew C. Sostrin, Linda X. Shi, Mayer Brown LLP, Chicago, IL for defendant.
Case Number: 2018-0484-JTL
Court held buyer equally liable for seller's officers' breaches of fiduciary duties where buyer's culpability arose from its breaches of its contractual obligations under a standstill agreement with the seller.
Publication Date: 2024-05-13
Practice Area: Personal Injury
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Thomas A. Clare, Jered T. Ede, Clare Locke LLP, Alexandria, VA for plaintiff.
for defendant: Rudolf Koch, Sara M. Metzler, Richards, Layton & Finger, P.A., Wilmington, DE; John C. Hueston, Alison L. Plessman, Samantha Fidler, Adam Minchew, Nicholas Kellum, Hueston Hennigan LLP, Los Angeles, CA, & New York, NY for defendant.
Case Number: N23C-10-005 SKR
Court dismissed defamation action arising out of employment relationship pursuant to forum selection clause in the employment agreement.
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