29 Oct, 2018 Court Of Chancery Dismisses Complaint Alleging Aiding and Abetting Claim By Morris James LLP Tilden v. Cunningham, C.A. 2017-0837-JRS (October 26, 2018) This is an interesting decision for many reasons. It includes a comprehensive...
29 Oct, 2018 Court of Chancery Clarifies Set Off Rights Under Acquisition Agreement By Morris James LLP Post Holdings Inc. v. NPE Seller Rep LLC, C.A. 2017-0772-AGB (October 29, 2018) Acquisition agreements frequently contain escrows to...
29 Oct, 2018 Court Of Chancery Provides Guidance On Reconciling Public Policy Exception To Noncompete Agreements By Morris James LLP Cabela’s LLC v. Wellman, C.A. 2018-0607-TMR (October 26, 2018) Delaware law broadly enforces noncompete agreements. However, it will not...
29 Oct, 2018 Delaware Superior Court Explains When Implied Covenants Triggered By Morris James LLP The GWO Litigation Trust v. Sprint Solutions Inc., C.A. N17C-06-356 PRW CCLD (October 25, 2018) While every contract has an implied...
29 Oct, 2018 Court of Chancery Explains When to Stay a Case in Favor of Foreign Litigation By Morris James LLP Lexington Services Ltd. v. US Patent No. 8019807 Delegate LLC, C.A. 2018-0157-TMR (October 26, 2018) This decision explains when to stay...
25 Oct, 2018 Delaware District Court Applies Delaware Demand Standards By Morris James LLP Derivative Claims Butorin v. Blount, C.A. No. 15-283-LPS (D. Del. September 30, 2018) In this decision, the Delaware Federal District...
25 Oct, 2018 Delaware Today Recognizes 38 Morris James Attorneys in its Top Lawyer Issue By Morris James LLP Morris James Takes the Lead in Delaware Today Top Lawyers Survey Morris James LLP is pleased to announce that the lawyers listed below...
25 Oct, 2018 Court Of Chancery Declines To Approve Derivative Settlement By Morris James LLP Stein v. Blankfein, C.A. 2017-0354-SG (October 23, 2018) This is the rare decision that declines to approve the settlement of a...
25 Oct, 2018 Court Of Chancery Upholds Waiver Of Appraisal By Morris James LLP Posted In Appraisal Manti Holdings LLC v. Authentrix Acquisition Co., C.A. 2017-0887-SG (October 1, 2018) This decision upholds a...
25 Oct, 2018 Court Of Chancery Again Holds Deal Price Establishes Fair Value By Morris James LLP In Re PLX Technology Inc. Stockholders Litigation, C.A. 9880-VCL (October 16, 2018) This massive decision is a primer on Delaware...
25 Oct, 2018 Court of Chancery Upholds Waiver of Appraisal By Morris James LLP Manti Holdings LLC v. Authentrix Acquisition Co., C.A. 2017-0887-SG (October 1, 2018) This decision upholds a contractual waiver of...
25 Oct, 2018 Court Of Chancery Provides Definitive Explanation Of A Material Adverse Effect Clause By Morris James LLP Akorn Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL (October 1, 2018) Merger agreements often permit the buyer to terminate items...
25 Oct, 2018 Court Of Chancery Limits Non-Compete Agreement By Morris James LLP Badger Holding LLC v. Kirsch, C.A. 2017-0147-SG (October 1, 2018) As this decision points out, if a non-compete agreement conditions its...
18 Oct, 2018 Delaware Supreme Court Affirms 'MFW' Dismissal; Clarifies Ab Initio Requirement By Lewis H. Lazarus In 2014, the Delaware Supreme Court in Kahn v. MFW held that the business judgment standard could apply to review of a controlling...
16 Oct, 2018 Superior Court of Delaware CCLD Finds 6 Del. C. 1-308 Permits Parties to Reserve Their Rights Without Pleading Duress By Morris James LLP Huntsman International LLC v. Dow Chemical Co., C.A. No. N17C-11-242-WCC-CCLD (Del. Super. Oct. 3, 2018) In this decision by the Complex...
15 Oct, 2018 Delaware Supreme Court Explains the Ab Initio Requirement of MFW By Albert J. Carroll Flood v. Synutra Int’l, Inc., C.A. No. 101, 2018 (Del. Oct. 9, 2018) Under Kahn v. M&F Worldwide Corp., 88 A.3d 635 (Del. 2014),...