20 Feb, 2017 Court Of Chancery Explains When To Appoint Corporate Custodian By Albert J. Carroll Kleinberg v. Aharon , C.A. 12719-VCL (February 13, 2017) On the same day the Delaware Supreme Court affirmed the widely-reported...
20 Feb, 2017 Court Of Chancery Explains Class Distribution Procedures By Albert J. Carroll In re Dole Food Company Inc. Stockholder Litigation, C.A. 8703-VCL (February 15, 2017) Distributing the proceeds from a class action...
20 Feb, 2017 Court Of Chancery Limits Cost Recovery Following Successful Appeal By Albert J. Carroll In Re: El Paso Pipeline Derivative Litigation, C.A. 7141-VCL (February 16, 2017) This decision explains what “costs” are recoverable...
14 Feb, 2017 Delaware Supreme Court Affirms Sanctions Award By Albert J. Carroll Shawe v. Elting, No. 487, 2016 (February 13, 2017) The Supreme Court affirmed perhaps the largest award of attorney fees as a sanction...
14 Feb, 2017 Delaware Supreme Court Affirms The TransPerfect Decision By Albert J. Carroll Shawe v. Elting, No. 423, 2016 (February 13, 2017) The Supreme Court has affirmed the Court of Chancery decision that Section 226 of the...
14 Feb, 2017 Stockholder Merger Vote Sets High Bar for Post-Closing Claims By Albert H. Manwaring IV The Delaware Supreme Court's decision in Corwin v. KKR Financial Holdings , 125 A.3d 304 (Del. 2015), reaffirmed the power of...
08 Feb, 2017 Court Of Chancery Limits Fee Award To Account For Misconduct By Albert J. Carroll Dore v. Sweports Ltd., C.A. 10513-VCL (January 31, 2017) What will the Court of Chancery do when a Petitioner's attorney alters his...
07 Feb, 2017 Delaware Superior Court Explains How To Assert Fraud Exclusion By Albert J. Carroll Gallup v. Greenwich Insurance, C.A. N14C-02-136 FWW (January 30, 2017) This is an important insurance coverage decision. It upholds the...
07 Feb, 2017 Court Of Chancery Applies Corwin Doctrine To Dismiss Non-Exculpated Duty of Care Claims By Albert J. Carroll In Re Merge Heathcare Inc. Stockholders Litigation, C.A. 11388-VCG (January 30, 2017) Under the Corwin doctrine, approval by a majority...
07 Feb, 2017 Court Of Chancery Explains Limitation On Fiduciary Duty Claims By Albert J. Carroll CelestialRX Investments LLC v Krivulka, C.A.11733-VCG (January 31, 2017) This decision explains how a provision in an LLC agreement...
07 Feb, 2017 Delaware Superior Court Explains Liability Of Signatory To Contract By Albert J. Carroll TMC Consulting v. Wright, C.A. N15C-11-132 EMD CCLD (January 26, 2017) This is an excellent review of when a signatory to a contract...
07 Feb, 2017 Court of Chancery Rejects Jurisdiction Based on Contract Interpretation By Albert J. Carroll Green v. Geico General Insurance Co., C.A. 9431-VCS (February 1, 2017) As this decision explains, the Court of Chancery will not have...
07 Feb, 2017 Court Of Chancery Rejects Jurisdiction Based On Contract Interpretation By Albert J. Carroll Green v. Geico General Insurance Co., C.A. 9431-VCS (February 1, 2017) As this decision explains, the Court of Chancery will not have...
07 Feb, 2017 Court of Chancery Holds That Wrong Forward Looking Statement Insufficient to Support Records Inspection By Albert J. Carroll Haque v. Tesla Motors Inc., C.A. 12651-VCS (February 2, 2017) It is not enough that certain forward-looking statements failed to come...
01 Feb, 2017 Court Dismisses Derivative Action in Stockholder's Litigation Demand By Lewis H. Lazarus The Delaware courts have been critical of litigants who bring derivative claims without first seeking books and records. The absence of...