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Manti Holdings, LLC v. The Carlyle Group Inc.
Publication Date: 2022-06-21
Practice Area: Mergers and Acquisitions
Industry: Energy | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Rolin P. Bissell, Paul J. Loughman, Alberto E. Chávez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; D. Patrick Long, Jonathan R. Mureen, John Tancabel, Squire Patton Boggs (US) LLP, Dallas, TX for plaintiffs.
For defendant: Albert H. Manwaring IV, Kirsten Zeberkiewicz, Morris James LLP, Wilmington, DE; Robert A. Van Kirk, Sarah F. Kirkpatrick, Lauren Uhlig, Williams & Connolly LLP, Washington, DC for defendants.
Case number: D69857

Plaintiffs sufficiently pled breach of fiduciary duty claims by alleging that controlling stockholder, who also controlled a majority of the board, was conflicted due to its desire to cash out its investment, which purportedly led it to approve a sale of the company that maximized the controller's return at the expense of the compensation to minority stockholders.

June 14, 2022 | Delaware Law Weekly

Young Conaway Del. Partner Appointed to AIRA Board of Directors

Young Conaway Stargatt & Taylor announced that Ken J. Enos, bankruptcy and corporate restructuring partner in the firm's Wilmington office, has been appointed to the board of directors of the Association of Insolvency and Restructuring Advisors (AIRA).
1 minute read
Zohar III Ltd. v. Stila Styles, LLC
Publication Date: 2022-06-14
Practice Area: Corporate Entities
Industry: Consumer Products | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys:
For plaintiff: C. Barr Flinn, Emily V. Burton, Lauren Dunkle Fortunato, Alberto E. Chávez, Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
For defendant: Patricia R. Urban, Elizabeth Wilburn Joyce, Megan Ix Brison, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE; Kathleen M. Miller, Robert K. Beste, III, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Monica K. Loseman, Gibson, Dunn & Crutcher LLP, Denver, CO for defendants.
Case number: D69848

Transaction authorized by LLC manager solely within her capacity that issued new class of equity in and amending the rights of the new class and existing classes was void as a matter of contract where the LLC's operating agreement expressly granted the right to amend to certain existing classes of members.

June 08, 2022 | Delaware Business Court Insider

Twitter Shareholder Files Complaint Seeking Corporate Records in Wake of Musk Deal, User Data Representations

The shareholder is seeking to investigate board-level breaches, including whether it failed to protect the company when entering into its merger agreement with Musk.
3 minute read
Russell-Fowler v. GT Wilmington USA
Publication Date: 2022-06-07
Practice Area: Labor Law
Industry: Cargo and Shipping | State and Local Government
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys:
For plaintiff: Sackena Russell-Fowler, Wilmington, DE, pro se appellant.
For defendant: Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; Victoria W. Counihan, Victoria E. Groff, Delaware Department of Justice, Wilmington, Delaware for appellees.
Case number: D69844

Court reversed and remanded denial of unemployment benefits where division of unemployment insurance identified discrepancies in Pandemic Unemployment Assistance recipient's earnings, potentially rendering the board's decision in error as it was based on the incorrect standards.

Galate v. Beebe Med. Ctr., Inc.
Publication Date: 2022-06-07
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys:
For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
For defendant: Bradley J. Goewert, Lorenza A. Wolhar, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Lauren C. McConnell, Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
Case number: D69845

Motion to amend complaint to assert claims arising out of CT scan denied where the scan was distinct from the other treatments that formed the basis of plaintiffs' complaint, precluding application of the relation back doctrine.

June 06, 2022 | Delaware Law Weekly

Young Conaway Partner Named to Advisory Board of Center for Corporate Governance

Young Conaway Stargatt & Taylor announced that Tammy L. Mercer, partner in the firm's Wilmington office, has been named to the advisory board of the John L. Weinberg Center for Corporate Governance.
1 minute read
Sciabacuccchi v. Liberty Broadband Corp.
Publication Date: 2022-05-17
Practice Area: Mergers and Acquisitions
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Nathan A. Cook, Block & Leviton LLP, Wilmington, DE; Kurt M. Heyman, Aaron M. Nelson, Melissa N. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Jason M. Leviton, Joel A. Fleming, Lauren G. Milgroom, Block & Leviton LLP, Boston, MA; Gregory V. Varallo, Andrew E. Blumberg, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Alla Zayenchik, Thomas James, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiffs.
For defendant: David C. McBride, Martin S. Lessner, James M. Yoch, Jr., Paul J. Loughman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; William Savitt, Ryan A. McLeod, Anitha Reddy, Adam M. Gogolak, David E. Kirk, Zachary M. David, Wachtell, Lipton, Rosen & Katz, New York, NY; Peter J. Walsh, Jr., Brian C. Ralston, Tyler J. Leavengood, Jaclyn C. Levy, Potter Anderson & Corroon LLP, Wilmington, DE; Richard B. Harper, Baker Botts LLP, New York, NY; Thomas E. O’Brien, Baker Botts LLP, Dallas, TX for defendants.
Case number: D69818

Summary judgment on director fiduciary claims denied where the evidence was not so overwhelming for the court to find, as a matter of law, that a majority of directors were independent and thus the board could exercise its business judgment to enter into challenged transactions.

Metro Storage Int'l LLC v. Harron
Publication Date: 2022-05-17
Practice Area: Labor Law
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys:
For plaintiff: David C. McBride, Emily V. Burton, Lauren Dunkle Fortunato, M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Harold C. Hirshman, Leah R. Bruno, Jacqueline A. Giannini, Dentons US LLP, Chicago, IL for plaintiffs.
For defendant: E. Chaney Hall, Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE; Jeffrey L. Widman, Fox Rothschild LLP, Chicago, IL for defendant.
Case number: D69816

President of company breached duty of loyalty by continuing to provide substantially similar consulting services to third parties in violation of covenant to devote full time to the president position, and by using the company's confidential information to consult for third parties.

May 16, 2022 | Delaware Law Weekly

Young Conaway Partner to Co-Moderate DSBA Panel

Young Conaway Stargatt & Taylor corporate litigation and counseling partner Lakshmi A. Muthu is scheduled to be co-moderating a webinar panel with Robert W. May of Morrison & Foerster on Monday.
1 minute read

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