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Publication Date: 2024-11-19
Practice Area: Contracts
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Curtis J. Crowther, Robinson & Cole LLP, Wilmington, DE; Trevor L. Bradley, Robinson & Cole LLP, Stamford, CT for plaintiff.
for defendant: Kate Harmon, Noelle B. Torrice, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE; J. Scott Humphrey, Benesch, Friedlander, Coplan & Aronoff LLP, Chicago, IL for defendant.
Case Number: 22-1537-GBW
Court granted judgment to plaintiff employer where record did not support a finding of bad faith in its determination that defendant, its former employee, had engaged in competitive activity in violation of the restrictions of his restricted stock unit agreements.
Publication Date: 2024-10-29
Practice Area: Mergers and Acquisitions
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Derrick B. Farrell, Bleichmar Fonti & Auld LLP, Wilmington, DE; Javier Bleichmar, Evan A. Kubota, Thayne Stoddard, Bleichmar Fonti & Auld LLP, New York, NY for plaintiffs.
for defendant: Kevin M. Cohen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brian M. Burnovski, Matthew Cormack, Chui-Lai Cheung, Davis Polk & Wardwell LLP, New York, NY for defendants.
Case Number: 23-965-GBW
Plaintiffs were not entitled to relief where their earnout shares were subject to forfeiture upon a change in control below a certain per share price, and defendants' gaining majority control upon expiration of the tender offer triggered the forfeiture provision.
Publication Date: 2024-10-01
Practice Area: Mergers and Acquisitions
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Joel S. Magolnick, John E. Kirkpatrick, Marko & Magolnick, P.A., Miami, FL for plaintiffs.
for defendant: David W. Marston, Jr., Jody C. Barillare, Brian F. Morris, Morgan, Lewis & Bockius LLP, Wilmington, DE; Troy S. Brown, Su Jin Kim, Margot G. Bloom, Morgan, Lewis & Bockius LLP, Philadelphia, PA; Michael J. Ableson, Morgan, Lewis & Bockius LLP, New York, NY for defendants.
Case Number: 19-cv-00731-GBW
Tortious interference and conspiracy claims failed where there was insufficient evidence that defendant had an ulterior motive to interfere with plaintiff's business relationship.
Publication Date: 2024-09-24
Practice Area: Securities Litigation
Industry: Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff:
for defendant:
Case Number: 24-838-GBW
Court granted shareholder declaratory judgment ordering transfer agent to transfer shares upon notice of the expiration of lockup provisions, where shareholder would otherwise be exposed to potential financial harm if it waited to see whether transfer agent would treat other shareholders more preferably.
Publication Date: 2024-09-10
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff:
for defendant:
Case Number: 22-11309-MFW
No error in declining dismissal of bankruptcy petition where debtor was balance sheet insolvent and reasonably anticipated filing for bankruptcy absent reorganization.
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Publication Date: 2024-08-13
Practice Area: Bankruptcy
Industry: Legal Services | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Derek C. Abbott, Matthew O. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric D. Madden, Reid Collins & Tsai LLP, Dallas, TX; Keith Y. Cohan, Ryan M. Goldstein, Morgan M. Menchaca, Reid Collins & Tsai LLP, Austin, TX for plaintiff.
for defendant: Michael W. McDermott, Peter C. McGivney, Berger Harris LLP, Wilmington, DE; Richard C. Pedone, Brian T. Kelly, Nixon Peabody LLP, Boston, MA for defendant.
Case Number: 19-11292 (JTD)
Court determined that former officer was obligated to repay advanced legal expenses where he was ultimately convicted on a single racketeering conspiracy charge that included the same alleged predicate racketeering activities as the first indictment, undermining claims of partial success in the criminal prosecution.
Publication Date: 2024-07-23
Practice Area: Civil Procedure
Industry: Food and Beverage | Insurance | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Stephen G. Harvey, Steve Harvey LLC, Philadelphia, PA; Joel S. Magolnick, John E. Kirkpatrick, Marko & Magolnick P.A., Miami, FL for plaintiffs.
for defendant: David W. Marston Jr., Jody C. Barillare, Brian Morris, Morgan Lewis & Bockius LLP, Wilmington, DE; Troy S. Brown, Margot G. Bloom, Su Jin Kim, Morgan Lewis & Bockius LLP, Philadelphia, PA; Michael J. Ableson, Morgan Lewis & Bockius LLP, New York, NY for defendants.
Case Number: 19-cv-731-GBW-CJB
Court declined to rule on objection to denial of privilege waiver where there were genuine issues of material fact over party's control over its subsidiary, which underpinned the claim that the party caused the subsidiary to disclose privileged information to third parties.
Publication Date: 2024-07-23
Practice Area: Consumer Protection
Industry: Automotive
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Timothy N. Mathews, Alex M. Kashurba, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Haverford, PA; Russell D. Paul, Abigail J. Gertner, Amey J. Park, Natalie Lesser, Berger Montague PC, Wilmington, DE; Tarek H. Zohdy, Cody R. Padgett, Laura E. Goolsby, Capstone Law APC, Los Angeles, CA for plaintiffs.
for defendant: Christian J. Singewald, White & Williams, Wilmington, DE for defendant.
Case Number: 23-00632-GBW
Court declined to dismiss vehicle defect claims where plaintiffs sufficiently identified the nature of the defect and claimed losses beyond that which would be compensated through the manufacturer's recall program.
Publication Date: 2024-07-09
Practice Area: Civil Procedure
Industry: Food and Beverage | Legal Services | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Stephen G. Harvey, Steve Harvey LLC, Philadelphia, PA; Joel S. Magolnick, John E. Kirkpatrick, Marko & Magolnick P.A., Miami, FL for plaintiffs.
for defendant: David W. Martson Jr., Jody C. Bariilare, Brian Morris, Morgan Lewis & Bockius LLP, Wilmington, DE; Troy S. Brown, Margot G. Bloom, Su Jin Kim, Morgan Lewis & Bockius LLP, Philadelphia, PA; Michael J. Abelson, Morgan, Lewis & Bockius LLP, New York, NY for defendants.
Case Number: 19-cv-731-GBW-CJB
Court was not obligated to consider evidence of party asserting attorney-client privilege when ordering an evidentiary hearing where opposing party made a prima facie case for application of the crime-fraud exception.
Publication Date: 2024-07-02
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Legal Services | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Joseph B. Elad, Claymont, DE, pro se plaintiff.
for defendant: Brittany M. Giusini, Ballard Spahr LLP, Wilmington, DE; Lorin Huerta, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE; Helene Elizabeth Episcopo, New Castle County Office of Law, New Castle, DE; Chase N. Miller, McCabe Weisberg & Conway P.C., Wilmington, DE for defendants.
Case Number: 23-1360-GBW
Court dismissed complaint challenging state court foreclosure proceedings where defendants were entitled to absolute judicial or quasi-judicial immunity or were not acting under color of state law for purposes of a §1983 claim.
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