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Publication Date: 2018-01-03
Practice Area: Corporate Governance
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stuart M. Grant, Nathan A. Cook, Rebecca A. Musarra, Mark Lebovitch, David L. Wales, Alla Zayenchik, Brian J. Robbins, Felipe J. Arroyo and Gina Stassi for plaintiffs
for defendant: Donald J. Wolfe, Jr., T. Brad Davey, Tyler J. Leavengood, Jay G. Stirling, Mary Eaton, Frank Scaduto, Stephen P. Lamb, Me-ghan M. Dougherty, Brad S. Karp, Bruce Birenboim, Susanna Buergel and Jane B. O'Brien for defendants.
Case Number: D67996
In this stockholder derivative action, plaintiffs failed to establish bad faith on the part of corporate officers and directors in their responses to numerous regulatory issues.
Publication Date: 2017-12-27
Practice Area: Corporate Governance | Government
Industry: Financial Services and Banking | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Sleet
Attorneys: For plaintiff: Myron T. Steele, Michael A. Pittenger, Christopher N. Kelly and Alan R. Silverstein for plaintiffs
for defendant: Robert J. Stearn, Jr., Robert C. Maddox, Howard N. Cayne, Asim Varma, David B. Bergman, Jeffrey W. Kilduff, Michael Walsh, Michael Joseph Ciatti and Graciela Maria Rodriquez for defendants Federal Housing Fin. Agency and Federal Nat'l Mortgage Ass'n; David C. Weiss, Jennifer L. Hall, Chad A. Readler, Diane Kelleher, Thomas D. Zimpleman, Deepthy Kishore and Robert C. Merritt for defendant U.S. Dept. of Treasury.
Case Number: D67986
The anti-injunction clause of the Housing and Economic Recovery Act of 2008 precluded plaintiffs action against the Federal Housing Finance Agency for allegedly exceeding its authority by entering into an agreement to change the formula for calculating dividends.
Publication Date: 2017-12-20
Practice Area: Civil Procedure | Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Legal Services
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Denilia Francis, pro se plaintiff
for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE, attorney for defendant.
Case Number: D67976
Plaintiffs claims dismissed on removal where identical to prior state court action dismissed for frivolousness, and where claims implicated the Younger abstention doctrine.
Publication Date: 2017-11-08
Practice Area: Civil Procedure | Commercial Law
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Strine
Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; Sean F. O'Shea, Michael E. Petrella, Amanda L. Devereux, and Brian B. Alexander, Boies Schiller Flexner LLP, New York, NY, attorneys for appellants
for defendant: Kevin R. Shannon and Christopher N. Kelly, Potter Anderson & Corroon LLP, Wilmington, DE; Walter C. Carlson and Elizabeth Y. Austin, Sidley Austin LLP, Chicago, IL; Kenneth J. Nachbar and Ryan D. Stottman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Christopher Landau, Kirkland & Ellis LLP, Washington, DE; Brian D. Sieve and Jessica L. Staiger, Kirkland & Ellis LLP, Chicago, IL; Jeremy M. Feigenbaum, Kirkland & Ellis LLP, New York, NY, attorneys for appellees.
Case Number: D67926
Evaluating dismissal of a case on forum non conveniens grounds, previously dismissed by another jurisdiction on forum non conveniens grounds as well, required balanced application of forum non conveniens standards under the Cryo-Maid holding.
Publication Date: 2017-11-08
Practice Area: Class Actions | Corporate Governance | Mergers and Acquisitions
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Francis J. Murphy, Jr., Jonathan L. Parshall, Laurence D. Paskowitz, Deborah R. Gross and Roy Jacobs for plaintiffs
for defendant: John C. Cordrey, George T. Conway III, Bradley R. Wilson and Jordan L. Pietzsch for M&T Bank de-fendants; Kevin R. Shannon, Tracy Richelle High and Christen M. Martosella for Hudson Bank de-fendants.
Case Number: D67929
Plaintiffs in a class action suit failed to demonstrate that a proxy statement issued in connection with a merger transaction was misleading. Motion to dismiss granted, without prejudice.
Law Journal Press | Digital Book
Authors: Ron M. Campbell
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Publication Date: 2017-10-25
Practice Area: Banking and Finance Laws | Contractual Disputes | Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Counsel: C. Barr Flinn, Emily V. Burton, Lakshmi A. Muthu, Meryem Y. Dede, Michael M. Krauss, Jane E. Maschka and Michael F. Doty for plaintiffs
for defendant: Garrett B. Moritz, Nicholas D. Mozal, Christopher D. Kercher, Marlo A. Pecora and Thomas A. Bridges for defendants.
Case Number: D67914
The provisions of a credit agreement were ambiguous with regard to certain interest payments, so the court denied a motion for partial summary judgment on that issue because extrinsic evidence was necessary. The court granted the lenders motion for partial summary judgment as to unauthorized distributions by the borrower to its affiliate.
Publication Date: 2017-10-11
Practice Area: Corporate Governance
Industry: Financial Services and Banking | Aerospace
Court: Court of Chancery
Judge: Judge Glasscock
Attorneys: For plaintiff: Peter B. Andrews, Craig J. Springer, and David M. Sborz, Andrews & Springer, LLC, Wilmington, DE, Joseph E. White, III, Jorge A. Amador, Jonathan M. Stein, and Adam Warden, Saxena White, P.A., Boca Raton, FL, attorneys for plaintiff
for defendant: Kenneth J. Nachbar and Thomas P. Will, Morris Nichols, Arsht & Tunnell LLP, Wilmington, DE, Paul R. Bessette and Israel Dahan, King & Spalding LLP, New York, NY, Michael J. Biles, Tyler W. Highful, and S. Saliya Subasinghe, King & Spalding LLP, Austin, TX, attorneys for defendant.
Case Number: D67895
Litigation demand on board of directors was excused for claim that directors failed to bring company into compliance with financial regulations where clear purpose of regulations acted as red flag to create presumption that directors acted with intent to violate the law or acted in bad faith to ignore their duty to prevent such violation.
Publication Date: 2017-09-06
Practice Area: Deals and Transactions
Industry: Education | Financial Services and Banking | Software
Court: Delaware Supreme Court
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67857
Injunctive relief for breach of noncompete agreement was proper where the court extended the injunction for the length of time during which the contract was breached. A forfeiture provision under a
Publication Date: 2017-09-06
Practice Area: Banking and Finance Laws | Litigation
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67854
Rule 60(b) motion brought within the one-year period dismissed where the court found movant failed to bring his motion in a reasonably timely manner by waiting 11 months when the bases for the moti
Publication Date: 2017-09-06
Practice Area: Deals and Transactions
Industry: Education | Financial Services and Banking | Software
Court: Delaware Supreme Court
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67857
Injunctive relief for breach of noncompete agreement was proper where the court extended the injunction for the length of time during which the contract was breached. A forfeiture provision under a
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