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Publication Date: 2023-11-27
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 15-11931 (CTG)
Court erred in capping fees for work performed on both a §303(i) motion and a §362(k) complaint since the debtor could have obtained its full fees had it only filed the complaint and was thus effectively "punished" for filing the motion.
Publication Date: 2023-11-13
Practice Area: Civil Procedure
Industry: Insurance | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Roger D. Landon, Murphy & Landon, P.A., Wilmington, DE for plaintiff.
for defendant: James W. Semple, R. Grant Dick IV, Cooch and Taylor P.A., Wilmington, DE; Brooks R. Magratten, Michael J. Daly, Pierce Atwood LLP, Providence, RI for defendant.
Case Number: 23-453-CFC
Court transferred case to Eastern District of Virginia where it involved a dispute over an insurance policy issued to a Virginia-headquartered company and the parties had no connection to Delaware other than the company's state of incorporation.
Publication Date: 2023-11-13
Practice Area: Damages
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stephen C. Norman, Aaron R. Sims, Potter Anderson & Corroon LLP, Wilmington, DE; David G. Januszewski, Sheila C. Ramesh, Cahill Gordon & Reindel LLP, New York, NY for plaintiff.
for defendant: Edwin J. Harron, James M. Yoch, Jr., Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Kevin C. Maclay, Todd E. Phillips, Quincy M. Crawford, Nathaniel R. Miller, Caplin & Drysdale, Chartered, Washington, D.C.; William M. Kelleher, Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE; Ira S. Zaroff, Richard M. Zaroff, Zaroff & Zaroff LLP, Garden City, NY; P. Clarkson Collins, Jr., K. Tyler O’Connell, Albert J. Carroll, R. Eric Hacker, Morris James LLP, Wilmington, DE for defendants.
Case Number: 2017-0822-SG
Court dismissed in rem action over limited partnership interest where hearing the action would require the court to hale in defendants it lacked personal jurisdiction over and the proceedings were an attempt to circumvent the dismissal of plaintiff's fraudulent transfer claim against defendants for lack of jurisdiction.
Publication Date: 2023-11-13
Practice Area: Mergers and Acquisitions
Industry: Energy | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Peter B. Andrews, Craig J. Springer, David M. Sborz, Andrew J. Peach, Jackson E. Warren, Andrews & Springer LLC, Wilmington, DE; Joshua Fruchter, Wohl & Fruchter LLP, Monsey, NY for plaintiffs.
for defendant: Tammy L. Mercer, James M. Yoch, Jr., Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Craig Zieminski, Andy Jackson, Jeremy Gonzales, Vinson & Elkins, LLP, Dallas, TX for defendants.
Case Number: 2022-0248-MTZ
Court declined to award a substantial success fee to stockholders who obtained supplemental disclosures to merger proxy where the disclosures did not remove an impediment to the stockholders' vote, but the disclosures provided a meaningful corporate benefit by informing stockholders about the transaction committee's affiliations with a controlling stockholder sitting on both sides of the merger transaction.
Publication Date: 2023-11-13
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Manufacturing | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 21-00169
Court dismissed claim of misleading proxy statements where allegedly false statements about company's commitment to workforce diversity were non-actionable, aspirational puffery that was immaterial to the investing public.
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Publication Date: 2023-10-16
Practice Area: Intellectual Property
Industry: E-Commerce | Investments and Investment Advisory | Software
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Comrie Barr Flinn, Alberto E. Chavez, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE; Mark L. D. Wawro, Max L. Tribble, Susman Godfrey, LLP, Houston, TX; Tamar Lusztig, Susman Godfrey, LLP, New York, NY for plaintiff.
for defendant: Jack B. Blumenfeld, Alexandra M. Cumings, Ryan D. Stottmann, William M. Lafferty, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; Kevin P.B. Johnson, Quinn Emanuel Urquhart & Sullivan, LLP, Redwood Shores, CA; Patrick D. Curran, Quinn Emanuel Urquhart & Sullivan, LLP, Boston, MA for defendants.
Case Number: 23-157-CFC
Defendants could remove case under federal officer removal statute by alleging that it had acquired the right to use plaintiff's intellectual property via federal government contracts after the government allegedly obtained "unlimited right" to the intellectual property.
Publication Date: 2023-10-16
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Judge Adams
Attorneys: For plaintiff: David E. Ross, Adam D. Gold, A. Gage Whirley, Ross Aronstam & Moritz, LLP, Wilmington, DE; Mark W. Premo-Hopkins, Katie Lencioni, Kirkland & Ellis, LLP, Chicago, IL for plaintiff.
for defendant: Henry E. Gallagher, Jr., Lauren DeLuca, Jarrett W. Horowitz, Connolly Gallagher, LLP, Wilmington, DE, Lazar P. Raynal, Melanie Burke, Tatum Ellis, King & Spalding, LLP, Chicago, IL for defendant.
Case Number: 2022-1149-MAA
Determining that the purchase agreement did not bar claims based on extra-contractual statements, the court declined to dismiss plaintiff's fraud claims concerning the purchase of defendant's company. The court also found that the detailed factual allegations contained in the complaint stated a claim for fraud and that fraud claims were not barred by the anti-bootstrapping rule.
Publication Date: 2023-09-18
Practice Area: Corporate Entities
Industry: Consulting | Energy | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Michael W. McDermott, Richard I. G. Jones, Jr., David B. Anthony, Zachary J. Schnapp, Harry W. Shenton, IV, Berger Harris LLP, Wilmington, DE for appellants.
for defendant: A. Thompson Bayliss, Eric A. Veres, Abrams & Bayliss LLP, Wilmington, DE; Robert N. Hochman, Sidley Austin LLP, Chicago, IL, Margaret Hope Allen, Angela C. Zambrano, Yolanda Cornejo Garcia, Sidley Austin LLP, Dallas, TX; Robin Wechkin, Sidley Austin LLP, Issaquah, WA for appellee.
Case Number: 407, 2022
Court declined to disavow jurisprudence holding that parties to an LLC agreement could impose incurable voidness on purported transactions under the agreement since the Delaware Limited Liability Company Act gave broad contractual freedom in an operating agreement.
Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry: Consulting | Investments and Investment Advisory | Retail
Court: U.S. Bankruptcy Court
Judge: Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: 20-12816(JKS)
The court denied motions to dismiss counts alleging breach of fiduciary duties, aiding and abetting breach of fiduciary duties, recharacterization of debt to equity, and equitable subordination arising from defendants' control of debtor that led to its bankruptcy.
Publication Date: 2023-09-11
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, Jonathan A. Choa, 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
Court declined to exclude expert report in support of class certification where unreliability of trading model was not fatal to the reliability and admissibility of the report's event study, but plaintiffs' theories of damages in their expert report did not encompass some damages experienced by certain sophisticated investors.
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