• Cytotheryx, Inc. v. Castle Creek Biosciences, Inc.

    Publication Date: 2024-10-29
    Practice Area: Mergers and Acquisitions
    Industry: Biotechnology
    Court: Court of Chancery
    Judge: Chancellor Medinilla
    Attorneys: For plaintiff: Gary W. Lipkin, Michelle C. Streifthau-Livizos, Saul Ewing LLP, Wilmington, DE for plaintiff.
    for defendant: Adam V. Orlacchio, James G. Gorman III, Blank Rome LLP, Wilmington, DE for defendant.

    Case Number: 2023-1142-VLM

    Seller plausibly alleged claim of fraud where a promise to redeem preferred shares paid as consideration necessarily included promising to have the required third-party approvals to allow for the redemption.

  • Medal v. Beckett Collectibles, LLC

    Publication Date: 2024-09-03
    Practice Area: Mergers and Acquisitions
    Industry: E-Commerce | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Chancellor Medinilla
    Attorneys: For plaintiff: Peter B. Ladig, Bayard, P.A., Wilmington, DE for plaintiff.
    for defendant: Paul D. Brown, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Aaron Z. Tobin, Abigail R. Campbell, Condon Tobin Sladek Thornton Nerenberg PLLC, Dallas, TX for defendant.

    Case Number: 2023-0984-VLM

    Court denied defendant's motion to dismiss for lack of standing where there was no basis to overturn former company's stakeholders' decision to appoint a representative, where the representative was not a necessary party in his personal capacity due to the termination of his employment with defendant.