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Publication Date: 2024-11-05
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Kimberly A. Evans, Lindsey K. Faccenda, Irene R. Lax, Robert Erikson, Block & Leviton LLP, Wilmington, DE for plaintiff.
for defendant: S. Michael Sirkin, Benjamin M. Whitney, Ross Aronstam & Moritz LLP, Wilmington, DE for defendant.
Case Number: 2023-0873-LWW
Court denied plaintiff's motion to compel production of documents where plaintiff had made an overbroad request for documents, with the court instead allowing defendants to produce documents under technology assisted review.
Publication Date: 2024-11-05
Practice Area: Corporate Entities
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Green-Streett
Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Wasserman & Scerba, LLC, Wilmington, DE for plaintiff.
for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for defendant.
Case Number: K23C-12-023 RLG
Court denied judgment on the pleadings on departing partner's claim for unpaid medical leave where there were outstanding issues as to the partner's liability for the partnership's negative account balance following its windup.
Publication Date: 2024-10-29
Practice Area: Labor Law
Industry: Accounting | Advertising
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE for plaintiff.
for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper US LLP, Wilmington, DE for defendant.
Case Number: N20C-08-249 MAA CCLD
Court rejected defendant's challenges to the court's factual findings where there was sufficient evidence to support plaintiff's allegations that a report justifying his termination was "manufactured."
Publication Date: 2024-10-29
Practice Area: Mergers and Acquisitions
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Derrick B. Farrell, Bleichmar Fonti & Auld LLP, Wilmington, DE; Javier Bleichmar, Evan A. Kubota, Thayne Stoddard, Bleichmar Fonti & Auld LLP, New York, NY for plaintiffs.
for defendant: Kevin M. Cohen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brian M. Burnovski, Matthew Cormack, Chui-Lai Cheung, Davis Polk & Wardwell LLP, New York, NY for defendants.
Case Number: 23-965-GBW
Plaintiffs were not entitled to relief where their earnout shares were subject to forfeiture upon a change in control below a certain per share price, and defendants' gaining majority control upon expiration of the tender offer triggered the forfeiture provision.
Publication Date: 2024-10-29
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: Delaware Superior Court
Judge: Judge Winston
Attorneys: For plaintiff: John Sergovic, Jr., Sergovic Carmen Weidman McCartney & Owens, P.A. for plaintiff.
for defendant: James H. Coates, defendant pro se.
Case Number: N20C-02-260 PAW
Court entered judgment against decedent's estate after the estate had failed to make payments on loans decedent had taken out.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2024-10-29
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Chancellor Molina
Attorneys: For plaintiff: Bruce E. Jameson, J. Clayton Athey, John G. Day, Christine N. Chappelear, Prickett, Jones & Elliott, P.A., Wilmington, DE; Mary S. Thomas, Thomas Law LLC, Wilmington, DE for plaintiff.
for defendant: Eric A. Veres, S. Michael Blochberger, Abrams & Bayliss LLP, Wilmington, DE for defendant.
Case Number: 2024-0637-SEM
Court denied production of records relating to litigation funding arrangements and retainer agreements where plaintiffs had potentially waived such a claim and had failed to show at trial that relevant records or information would be responsive to the request the court ultimately granted.
Publication Date: 2024-10-29
Practice Area: Consumer Protection
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Alexander L. Braitberg, Andrew D. Schlichter, Joel Rohlf, Nathan D. Stump, Peter Cosgrove, Schlichter Bogard LLP, St. Louis, MO; David T. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
for defendant: Jody C. Barillare, Morgan Lewis & Bockius LLP, Wilmington, DE; Ari M. Selman, Morgan Lewis & Bockius LLP, New York, NY; Elizabeth Herrington, Morgan Lewis & Bockius LLP, Chicago, IL; Jordan McCrary, Morgan Lewis & Bockius LLP, Los Angeles, CA; Raechel K. Kummer, Morgan Lewis & Bockius LLP, Washington, DC for defendant.
Case Number: 1:20-cv-01399-SB
Court granted motion for judgment on the pleadings where plaintiffs failed to amend their complaint to add or change allegations that would affect the reasons why the court previously dismissed the claim.
Publication Date: 2024-10-29
Practice Area: Corporate Entities
Industry: E-Commerce | Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Barnaby Grzaslewicz, Albert H. Manwaring, IV, Kirsten A. Zeberkiewicz, Morris James LLP, Wilmington, DE for plaintiff.
for defendant: Joseph C. Schoell, Faegre Drinker Biddle & Reath LLP, Wilmington, DE; Steven L. Caponi, Matthew B. Goeller, Megan E. Hunt, K&L Gates LLP, Wilmington, DE for defendants.
Case Number: N23C-05-120 PRW CCLD
Court declined to apply "inherently unknowable injury" doctrine to negligence and conversion claims arising from corporation's following of state law to escheat shares where plaintiff had ample opportunity to prevent the escheatment.
Publication Date: 2024-10-29
Practice Area: Mergers and Acquisitions
Industry: Biotechnology
Court: Court of Chancery
Judge: Chancellor Medinilla
Attorneys: For plaintiff: Gary W. Lipkin, Michelle C. Streifthau-Livizos, Saul Ewing LLP, Wilmington, DE for plaintiff.
for defendant: Adam V. Orlacchio, James G. Gorman III, Blank Rome LLP, Wilmington, DE for defendant.
Case Number: 2023-1142-VLM
Seller plausibly alleged claim of fraud where a promise to redeem preferred shares paid as consideration necessarily included promising to have the required third-party approvals to allow for the redemption.
Publication Date: 2024-10-29
Practice Area: Corporate Entities
Industry: Health Care | Insurance
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE; Barry F. Fagel, Lindhorst & Dreidame Co., L.P.A., Cincinnati, OH for plaintiff.
for defendant: David B. Anthony, Berger McDermott LLP, Wilmington, DE; Brian Gottesman, Gabell Beaver LLC, Wilmington, DE; Alisa E. Moen, Moen Law LLC, Wilmington, DE for defendants.
Case Number: 2022-0004-SG
Facts demonstrated that plaintiff was entitled to ownership stake in business under promissory estoppel where defendants represented that plaintiff was a co-founder but failed to include him as a member in the LLC's formation documents.
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