30 Sep, 2015 Nature of Company's Defenses Can Expand Scope of Discovery By Morris James LLP Delaware Business Court Insider There is no question that, in a books-and-records action, the scope of discovery is limited and such...
30 Sep, 2015 Nature of Company's Defenses Can Expand Scope of Discovery By Morris James LLP Delaware Business Court Insider There is no question that, in a books-and-records action, the scope of discovery is limited and such...
29 Sep, 2015 Court Of Chancery Spells Out Aiding And Abetting Claim Requirements By Morris James LLP Matthew v. Laudamiel, C.A. 5957-VCN (September 28, 2015) Aiding and abetting claims are often filed against those who have worked with a...
29 Sep, 2015 Court of Chancery Clarifies Privilege Waiver And Redaction Rules By Morris James LLP TCV VI L.P. v. TradingScreen Inc., C.A. 10164-VCN (September 25, 2015) This an excellent review of the scope of a waiver of the attorney...
29 Sep, 2015 Court of Chancery Explains When a Dilution Claim is Direct By Morris James LLP Caspian Select Credit Master Fund Ltd. v. Gohl, C.A. 10244-VCN (September 28, 2015) It is often said that when a majority stockholder...
24 Sep, 2015 Court of Chancery Explains How to Be An Unintended Fiduciary By Morris James LLP Bennett v. Lally, C.A. 9545-VCN (September 5, 2014) Your duties to another person may change significantly if you become a fiduciary to...
23 Sep, 2015 Defectively Issued Stock Declared Valid After Section 205 Analysis By Morris James LLP Corporations are operated by humans, at least until the rise of Skynet (infamous as a primary antagonist in the Terminator movie...
23 Sep, 2015 Court Of Chancery Signals Limits On M&A Settlements By Morris James LLP In Re Riverbed Technology Inc. Stockholders Litigation, C.A. 10484-VCG (September 17, 2015) This decision has been widely reported as...
17 Sep, 2015 Chancery Dismisses Complaint for Failure to Allege Noncompliance By Lewis H. Lazarus Delaware Business Court Insider A principal difference between alternative entities and corporations under Delaware law is the ability in...
14 Sep, 2015 Court Of Chancery Explains Advancement Agreement By Morris James LLP Charney v. American Apparel Inc., C.A. 11098-CB (September 11, 2015) This decision explains that an advancement agreement that covers a...
12 Sep, 2015 Delaware District Court Explains Securities Law Pleading Rules By Morris James LLP In Re Fisker Automotive Holdings Inc. Shareholder Litigation, D. Del, No. 13-2100-SLR (September 9, 2015) This decision is an excellent...
09 Sep, 2015 Should Proxy Contests Be Fair? By Morris James LLP Delaware Business Court Insider The current surge in stockholder activism raises the interesting question whether proxy contests should...
03 Sep, 2015 Superior Court Explains When Officer Is Liable For Tort By Morris James LLP Yavar Rzayev LLC v. Roffman, Del. Super. C.A. S14L-12-035 MJB (August 31, 2015) This decision explains well when a corporate officer may...
03 Sep, 2015 How Courts Can Address Litigation Misconduct Using Ethical Rules By Morris James LLP Attempting to fit a summary of the entirety of the Delaware Court of Chancery's recent 214-page opinion in OptimisCorp v. Waite, C.A. No....
02 Sep, 2015 Court Of Chancery Explains “By Reason Of The Fact” Test By Morris James LLP Lieberman v. Electrolytic Ozone Inc., C.A. 10152-VCN ( August 31, 2015) Former directors are entitled to advancement when they are sued...
01 Sep, 2015 Court of Chancery Grants Stay of Derivative Case By Morris James LLP In Re Duke Energy Corporation Coal Ash Derivative Litigation, C.A. 9682- VCN (August 31, 2015) A stay of derivative litigation is hard...