By Ellen Bardash | July 15, 2024
The report from securities litigation data analytics company SAR attributes the rise not to a greater number of SEC Rule 10b-5 complaints being filed in the federal courts, but to drops in stock prices growing larger.
Delaware Business Court Insider | Commentary
By Michael Gonen | July 10, 2024
While the Delaware General Corporate Law (DGCL) is a broadly enabling statute, a number of recent decisions have found limits to parties' ability to renegotiate internal corporate governance by "private ordering" outside of the corporate charter and bylaws.
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark E. Felger | July 3, 2024
In August 2022, Giant/Alpha allegedly used its controlling position in Playtika to cause the Playtika board to engage in a self-tender. In a previous ruling, Vice Chancellor Sam Glasscock found that the transaction conferred Giant/Alpha a nonratable benefit and denied Giant/Alpha's motion to dismiss claims against it arising from the transaction.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | July 3, 2024
Practitioners generally lauded MFW as a welcome development that rebalanced the litigation risk landscape in a manner that enabled controlled companies to pursue a greater range of value-maximizing transactions. And in the decade that followed, many companies have taken advantage of the MFW framework to do just that.
Delaware Business Court Insider | Commentary
By Howard W. Robertson IV | June 19, 2024
The Delaware Court of Chancery recently had the opportunity to weigh in on a plaintiff's unique theory of director and officer fiduciary duties arising out of the stakeholder capitalism model of corporate governance.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | June 19, 2024
In the recent decision of In re Hennessy Capital Acquisition IV Shareholder Litigation, the Delaware Court of Chancery observed that the ensuing "abundance of SPAC fiduciary duty claims suggests that stockholder plaintiffs have taken notice," and that SPAC litigation had become "ubiquitous" in the court.
Delaware Business Court Insider | News
By Ellen Bardash | June 18, 2024
The current proposal has spurred pushback well beyond the norm, with 50 law professors sending a letter to legislators urging them to reconsider passing the bill and instead leave the questions raised by Moelis to be addressed on appeal by the Delaware Supreme Court.
Delaware Business Court Insider | Commentary
By Molly DiBianca | May 29, 2024
If the final rule is upheld, Delaware's approach to employment-related restrictive covenants will change significantly.
Delaware Business Court Insider | News
By Ellen Bardash | May 22, 2024
Counsel for AMC said court interference might hinder the possibility of the Chancery court ever again certifying a shareholder class that didn't vote unanimously on an issue.
Delaware Business Court Insider | Commentary
By Barnaby Grzaslewicz | May 22, 2024
Parties to transaction agreements often choose Delaware as the exclusive forum for disputes arising out of their transactions. This is common, where the parties are from diffuse geographic locations, but desire a single forum well-versed in corporate and commercial law—like Delaware—to resolve their disputes.
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