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Amgine Tech. (US), Inc. v. Miller
Publication Date: 2021-12-21
Practice Area: Corporate Entities
Industry: Software
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys:
For plaintiff: Emily V. Burton, Alberto E. Chávez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
For defendant: Srinivas M. Raju, Angela Lam, Richards, Layton & Finger, P.A., Wilmington, DE; Michael C. Holmes, Margaret Dunlay Terwey, Meredith S. Jeanes, Vinson & Elkins LLP, Dallas, TX; Christopher E. Duffy, David A. Hoffman, W. Logan Lewis, Vinson & Elkins LLP, New York, NY for defendants.
Case number: D69646

The court held that 1) defendant's challenge to venue was not persuasive, 2) plaintiff did indeed state a claim for inversion under rules for notice pleading, and 3) plaintiff failed to state a claim for voiding the stock agreement under §205.

December 20, 2021 | Delaware Law Weekly

Young Conaway Legal Opinions Chair to Join TriBar Opinion Committee

Norman M Powell, chair of Young Conaway Stargatt & Taylor's legal opinions committee, has accepted an invitation to join the TriBar Opinion Committee.
2 minute read
Delaware River & Bay Auth. v. Minor
Publication Date: 2021-12-07
Practice Area: Administrative Law
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys:
For plaintiff: Adria B. Martinelli, Lauren E.M. Russell, Barry M. Willoughby, Young Conaway Stargatt & Taylor, LLP for appellant.
For defendant: Frank Minor, pro se appellee.
Case number: D69633

The court held that the decision by Unemployment Insurance Appeal Board finding that the position held by appellee was not designated as a major policymaking position was supported by substantial evidence.

December 06, 2021 | Delaware Law Weekly

Young Conaway Partner to Receive Delaware State Bar Association Award

William D. Johnston, a partner in Young Conaway Stargatt & Taylor's corporate litigation and counseling section, has been selected by the Delaware State Bar Association to receive the 2020 Daniel L. Herrmann Professional Conduct Award.
1 minute read
November 30, 2021 | Delaware Law Weekly

DSBA ADR Section to Hold CLE on Arbitration

The Alternative Dispute Resolution Section of the Delaware State Bar Association is set to host a CLE event titled, "Planning Your Next Arbitration: Best Practices and Pitfalls 2021."
1 minute read
Bandera Master Fund, LP v. Boardwalk Pipeline Partners, LP
Publication Date: 2021-11-30
Practice Area: Contracts
Industry: Energy | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys:
For plaintiff: A. Thompson Bayliss, J. Peter Shindel, Jr., Daniel G. Paterno, Eric A. Veres, Samuel D. Cordle, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
For defendant: Srinivas M. Raju, Blake Rohrbacher, Matthew D. Perri, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Rolin P. Bissell, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Stephen P. Lamb, Andrew G. Gordon, Harris Fischman, Robert N. Kravitz, Carter E. Greenbaum, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY; Lawrence Portnoy, Charles S. Duggan, Gina Cora, Davis Polk & Wardwell LLP, New York, NY, for defendants.
Case number: D69622

The court held that the General Partner breached the partnership agreement by exercising the call right without first satisfy-ing the Opinion Condition or the Acceptability Condition.

November 12, 2021 | Delaware Business Court Insider

In Chancery Court Decision, Pipeline Company Is Found Liable for $690M Contract Breach

Boardwalk's share prices initially experienced a bump, but when analysts announced an acquisition by Loews would likely lead to a decreased value based on a pricing formula, they fell again, angering plaintiffs.
4 minute read
November 12, 2021 | Delaware Law Weekly

Pipeline Company Found Liable for $690M Contract Breach Involving 2018 Acquisition

Boardwalk's share prices initially experienced a bump, but when analysts announced an acquisition by Loews would likely lead to a decreased value based on a pricing formula, they fell again, angering plaintiffs.
4 minute read
In re BGC Partners, Inc. Derivative Litig.
Publication Date: 2021-10-06
Practice Area: Corporate Governance
Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys:
For plaintiff: Christine M Mackintosh, Kimberly A. Evans, Michael D. Bell, Vivek Upadhya, Grant & Eisenhofer P.A., Wilmington, DE; Jeroen van Kwawegen, Christopher J. Orrico, Andrew E. Blumberg, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiffs.
For defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Richards, Layton & Finger, P.A., Wilmington, DE; Joseph De Simone, Michelle J. Annunziata, Michael Rayfield, Mayer Brown LLP, New York, NY; Matthew E. Fenn, Mayer Brown LLP, Chicago, IL; C. Barr Flinn, Paul Loughman, Alberto E. Chávez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Eric Leon, Nathan Taylor, Latham & Watkins LLP, New York, NY for defendants.
Case number: D69563

Genuine issues of material fact precluded summary judgment on the issue of demand futility, but the court dismissed claims against two director defendants in this derivative action.

GMF ELCM Fund L.P. v. ELCM HCRE GP LLC
Publication Date: 2021-10-06
Practice Area: Contractual Disputes
Industry: Health Care | Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Daniel E. Ross, Bradley R. Aronstam, Ross Aronstam & Moritz, Wilmington, DE; Joshua S. Amsel, Matthew R. Friedenberg, Weil, Gotshal & Manges LLP, New York, NY for plaintiffs.
For defendant: Joseph H. Huston, Jr., Stevens & Lee P.C., Wilmington, DE; Robert K. Keach, Bernstein, Shur, Sawyer & Nelson, Portland, ME for receiver. Ryan P. Newell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for nominal defendants.
Case number: D69561

Claimant was entitled to indemnification of his litigation expenses, and the court granted his motion to intervene because he had a valid property interest which was not adequately protected by existing parties.

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