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Delaware Business Court Insider | Commentary
By Matthew J. Rifino | March 3, 2021
The Delaware Court of Chancery rejected a purchaser's efforts to prevent a seller from adopting a method of calculating the post-closing purchase price adjustment that was inconsistent with the seller's pre-closing accounting practices.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 3, 2021
The question posed by the vice chancellor was whether a petitioner could invoke equity to benefit from her own illegal act as a trustee. He answered no—that to apply equity in favor of the trustee, allowing her to benefit from her own unlawful act, would sully equity itself.
Delaware Business Court Insider | Commentary
By Stephen C. Norman, Tyler J. Leavengood, Aaron R. Sims and Abraham Schneider | February 24, 2021
The Delaware Supreme Court recently affirmed the Delaware Court of Chancery's post-trial decision ordering AmerisourceBergen Corp. to produce corporate books and records under Section 220 of the Delaware General Corporation Law in order to permit stockholders to investigate AmerisourceBergen's role in the distribution of opioids.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus, Albert H. Manwaring IV and Albert J. Carroll | February 17, 2021
Our criteria for selection are that the decision either meaningfully changed Delaware law or provided clarity or guidance on issues relevant to corporate and commercial litigation in Delaware.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 10, 2021
Delaware courts will use their equitable powers to invalidate otherwise valid board actions tainted by inequitable deception.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | February 3, 2021
In Surf's Up Legacy Partners (f/k/a KAABOO) v. Virgin Fest, Superior Court Judge Paul Wallace, in an opinion resounding with musical allusions, invoked the affiliate privilege doctrine to dismiss a claim for tortious interference.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | January 27, 2021
This is the 16th year that Francis G.X. Pileggi has published an annual list of key corporate and commercial decisions of the Delaware Supreme Court and the Delaware Court of Chancery.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | January 20, 2021
This is the 16th year that Francis G.X. Pileggi has published an annual list of key corporate and commercial decisions of the Delaware Supreme Court and the Delaware Court of Chancery.
The Legal Intelligencer | Commentary
By Edward S. Robson | January 13, 2021
In many states, including Delaware, a potential plaintiff is not required to make a pre-suit demand when the board is not capable of making an independent decision—typically because board members are accused of wrongdoing themselves.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | January 13, 2021
A recent decision by Vice Chancellor Kathaleen McCormick presents a primer on increasingly common defenses to stockholder books and records inspection demands and a cautionary tale for defendants in Section 220 proceedings who opt to pursue overly aggressive defense strategies that seek to place obstacles to the use of Section 220 as a quick and easy pre-filing discovery tool.
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