• Gaucho Group Holdings, Inc. v. 3i LP

    Publication Date: 2024-11-19
    Practice Area: Securities Litigation
    Industry: Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Daniel M. Silver, Daniel J. Brown, McCarter & English, LLP, Wilmington, DE; Eric J. Benzenberg, Waleed Amer, The Basile Law Firm P.C., Jericho, NY for plaintiff.
    for defendant: Katharine L. Mowery, Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Douglas B. Rosner, Jennifer Furey, Nathaniel R.B. Koslof, Goulston & Storrs PC, Boston, MA; Nicholas Cutais, Goulston & Storrs PC, New York, NY; Richard Asche, Litman, Asche & Gioiella, LLP, New York, NY for defendants.

    Case Number: 24-212 (MN)

    Court declined to grant preliminary injunction where plaintiff could not establish a likelihood of success on its claims challenging the validity of debt financing documents where defendants' unregistered status did not affect the validity of the documents as they did not require defendants to be registered broker dealers.

  • Kingfishers L.P. v. Finesse US, Inc.

    Publication Date: 2024-11-12
    Practice Area: Securities Litigation
    Industry: Consumer Products | E-Commerce | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Benjamin P. Chapple, John T. Miraglia, Reed Smith LLP, Wilmington, DE for plaintiffs.
    for defendant: Sean M. Brennecke, Aimee M. Czachorowski, Lewis Brisbois Bisgaard & Smith, LLP, Wilmington, DE; Albert J. Carroll, Samuel E. Bashman, Morris James LLP, Wilmington, DE; Elisabeth A. Moriarty, Steven A. Stein, Eric M. Sefton, Greenberg Glusker Fields Claman & Machtinger LLP, Los Angeles, CA for defendant.

    Case Number: 2024-0344-SG

    Court declined to dismiss reformation claim based on theory of mistake where plaintiff adequately pled the terms of an agreement orally agreed to by the parties, such that a factfinder could infer that defendant either erroneously drafted a non-compliant written agreement, or intentionally or knowingly did so and stood by as plaintiff signed it.

  • United Atl. Ventures, LLC v. Odyssey Transfer &Trust Co.

    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.

  • Getzler v. River Run Foods (DE), LLC

    Publication Date: 2024-07-16
    Practice Area: Securities Litigation
    Industry: Food and Beverage | Investments and Investment Advisory | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Andrew L. Cole, Stacy L. Newman, Michael E. Fitzpatrick, Nathaniel J. Klepser, Cole Schotz PC, Wilmington, DE; J. Michael Pardoe, Cole Schotz PC, Baltimore, MD for plaintiffs.
    for defendant: Marc Casarino, Katie Barksdale, Kennedys CMK LLP, Wilmington, DE for defendants.

    Case Number: N23C-02-086 DJB

    Investment fraud claims failed where alleged misrepresentations did not constitute actionable fraud and plaintiffs could not plead justifiable reliance due to their failure as sophisticated parties to conduct due diligence into the company's financials and business operations.

  • Aldrich Capital Partners Fund, LP v. Bray

    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.

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  • Chumash Capital Inv., LLC v. Grand Mesa Partners, LLC

    Publication Date: 2024-04-22
    Practice Area: Securities Litigation
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Kevin R. Shannon, Christopher N. Kelly, Justin T. Hymes, Esquire, Potter Anderson & Corroon LLP, Wilmington, DE; William C. O’Neil, Jeffrey J. Huelskamp, Gretchen Scavo, Winston & Strawn LLP, Chicago, IL; Marisa E. Witter, Winston & Strawn LLP, Houston, TX for plaintiff.
    for defendant: Rudolf Koch, Travis S. Hunter, Alexander M. Krischik, Elizabeth J. Freud, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; James G. Sawtelle, Sherman & Howard L.L.C., Denver, CO; R. Montgomery Donaldson, Montgomery, McCracken, Walker & Rhoads, LLP, Wilmington, DE; B. John Casey, Ryan H. Tamm, Stoel Rives LLP, Portland, OR for defendants.

    Case Number: N23C-07-209 SKR CCLD

    Court declined to dismiss fraud claims as untimely under contractual limitations period where the parties' contract expressly exempted fraud claims from the scope of the contractual indemnity provisions containing the survival clauses.

  • In re: Walmart Inc. Sec. Litig.

    Publication Date: 2024-04-22
    Practice Area: Securities Litigation
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Sara Fuks, The Rosen Law Firm, P.A., New York, NY for plaintiffs.
    for defendant: Robert W. Whetzel, Raymond J. DiCamillo, John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Sean M. Berkowitz, Nicholas J. Siciliano, Latham & Watkins LLP, Chicago, IL for defendants.

    Case Number: 21-55-CFC

    Stockholders failed to adequately plead that securities filings were materially false or misleading where statements adequately conveyed that the company was subject to investigations and securities laws did not require corporations to guess as to the likely outcome of such investigations.

  • Malkani v. Cunningham

    Publication Date: 2024-03-11
    Practice Area: Securities Litigation
    Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Marcos D. Jimenez, Marcos D. Jimenez, P.A., Miami, FL for plaintiffs.
    for defendant: Ryan P. Newell, Lakshmi A. Muthu, Tara C. Pakrouh, Michael A. Carbonara, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Heyden, Jr., Joseph E. Brenner, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.

    Case Number: 2020-1004-SG

    Although defendant prevailed on some claims asserted by plaintiff, plaintiff was the prevailing party in the overall litigation as the central issue in the case was the validity and enforceability of the parties' contracts, and thus plaintiff was entitled to legal fees and costs under the contractual fee-shifting provisions.

  • Jaroslawicz v. M&T Bank Corp.

    Publication Date: 2024-02-19
    Practice Area: Securities Litigation
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Wallach
    Attorneys: For plaintiff: Francis J. Murphy, Jr., Jonathan L. Parshall, Murphy, Spadaro & Landon, Wilmington, DE; Steven M. Coren, Benjamin M. Mather, Matthew R. Williams, Kauffman, Coren & Ress, P.C, Philadelphia, PA for plaintiffs.
    for defendant: Brian M. Rostocki, Anne M. Steadman, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Jonathan K. Youngwood, Janet A. Gochman, Tyler A. Anger, Katherine A. Hardiman, Simpson, Thacher & Bartlett, New York, NY; Kevin R. Shannon, Daniel Rusk, Potter Anderson & Corroon LLP, Wilmington, DE; Tracy Richelle High, Scott A. Foltz, Sullivan & Cromwell LLP, New York, NY for defendants.

    Case Number: 15-00897-EJW

    Although plaintiffs' experts' report in support of their damages theory for class certification used sufficiently reliable methodologies under the Daubert standard, the evidence was wholly speculative to demonstrate economic loss or proximate causation, such that plaintiffs could not meet the commonality or predominance standards.

  • Rheault v. Halma Holdings Inc.

    Publication Date: 2023-11-27
    Practice Area: Securities Litigation
    Industry: Electronics | Health Care | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-700-WCB

    Court declined to dismiss securities and common law fraud claims where acquirer failed to disclose the existence of its obligations under a competing earnout agreement when negotiating acquisition of a company.