Delaware Business Court Insider | News
By Ellen Bardash | May 28, 2021
Misrepresentations made in SEC filings and communications with investors, the newest complaint alleges, led to Tricida shares dropping from more than $26 to $4.37 between July and October of 2020, amounting to millions in market capitalization losses.
Delaware Business Court Insider | News
By Ellen Bardash | April 29, 2021
The district also continued to be one of the top places to file securities suits, according to Lex Machina's report on federal securities litigation released Thursday, as the number of federal securities filings climbed following key decisions by the state-level Court of Chancery.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | December 16, 2020
Section 220 of the Delaware General Corporation Law permits a stockholder to inspect corporate books and records for a "proper purpose" reasonably related to her interests as a stockholder.
Delaware Business Court Insider | News
By Ellen Bardash | December 2, 2020
The complaint alleges that while executives were touting progress on chip development, a material defect in the manufacturing process prevented Intel from producing chips in an economically sustainable way
Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | August 26, 2020
The Delaware Court of Chancery's latest decision in the Manti Holdings v. Authentix Acquisition, stockholder appraisal litigation provides additional clarity about the ability of corporate constituents to modify by agreement the rights associated with the statutory appraisal remedy, 8 Del. C. Section 262.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | August 19, 2020
Since Olenik, each of the three published Court of Chancery opinions substantively addressing whether transacting parties met the ab initio requirement held that the parties failed. This article elucidates the contours of the ab initio requirement by mining fact-based guideposts from those three cases.
Delaware Business Court Insider | Commentary
By Jason J. Mendro and Jeffrey S. Rosenberg | August 12, 2020
Plaintiffs are eager to convert every corporate trauma into derivative claims, but they are anything but eager to confront the exacting standards for pleading and proving bad faith oversight under Caremark.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | July 15, 2020
The case is significant for articulating the standard applicable to evaluating director disclosure to fellow directors and what facts are necessary to plead that the business judgment rule does not apply when the plaintiff attacks the interest of only one officer and director.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | July 1, 2020
Delaware's borrowing statute provides that a suit to enforce a cause of action that arises outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | May 29, 2020
Trials involving books-and-records requests have become more common since the Delaware Supreme Court encouraged stockholder plaintiffs to use the "tools at hand" to discover information necessary to establish demand futility prior to pursuing derivative litigation.
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