18 Oct, 2006 District Court Retroactively Applies the SEC's 2005 Amendment to Rule 16b-3 Instead of Applying Levy By Morris James LLP Tinney v. Geneseo Communications, Inc., C.A. No. 03-1126-SLR (D. Del. Oct. 10, 2006) In this securities action, the shareholder of a...
16 Oct, 2006 Court of Chancery Applies Limitations Statute By Morris James LLP Smith v. McGee, C.A. No. 2101-S (Del. Ch. October 16, 2006). In this decision, the Court of Chancery discusses the application of...
16 Oct, 2006 Court of Chancery Rejects Balancing Test Under Rule 23.1 By Morris James LLP Bakerman v. Frank Importing Co. Inc., C.A. No. 1844-N (Del. Ch. October 16, 2006). When directors own shares in both the parent and its...
14 Oct, 2006 Is Good Faith Still Alive After Disney? By Morris James LLP On October 5, 2006, the Delaware State Bar Association sponsored a symposium entitled "Good Faith After Disney: The Role of Good Faith in...
12 Oct, 2006 Court of Chancery Denies Books And Records Inspection By Morris James LLP Polygon Global Opportunities Master Fund v. West Corporation, C.A. No. 2313-N (Del. Ch. October 12, 2006). Stockholders may seek...
12 Oct, 2006 Court of Chancery Holds 5 Days Is Too Short For Merger Announcement By Morris James LLP Berger v. Intelident Solutions Inc., C.A. No. 1527-N (Del. Ch. October 12, 2006). Under Delaware law, when a stockholder files suit over...
11 Oct, 2006 Court of Chancery Interprets No Shop Clause By Morris James LLP Energy Partners Ltd. v. Stone Energy Corporation, C.A. No. 2402-N (Del. Ch. October 11, 2006). The Court of Chancery may be called upon...
11 Oct, 2006 Court of Chancery Interprets Common Merger Clause By Morris James LLP ATS, Inc. v. Bachmann, C.A. No. 2374-N (Del. Ch. October 11, 2006). Delaware corporations frequently ask the Court of Chancery to decide...
10 Oct, 2006 District Court Applies Exception to Tooley Test and Rejects Argument That Exculpatory Provisions Create Contractual Obligations By Morris James LLP Shamrock Holdings v. Arenson, C.A. 06-62-SLR, 2006 WL 2802913 (D. Del. Sept. 29, 2006). This case involved a dispute between the Class A...
04 Oct, 2006 Supreme Court Affirms the Credible Basis Rule By Morris James LLP Seinfeld v. Verizon Communications Inc., C.A. No. 624 (Del. Supr. September 25, 2006). The Delaware Supreme Court has affirmed that the...
02 Oct, 2006 Superior Court Denies Summary Judgment in Breach of Contract Action By Morris James LLP Fuller v. Gemini Ventures, LLC, C.A. No. 05C-06-019-RFS (Del. Super. Ct. Oct. 2, 2006). Plaintiff moved for summary judgment on its...