31 Jul, 2018 Court of Chancery Explains When Market and Deal Price Are Not Fair Value In Appraisals By Albert J. Carroll Blueblade Capital Opportunities LLC v. Norcraft Cos. Inc., C.A. No. 11184-VCS (Del. Ch. July 27, 2018) This is an important appraisal...
30 Jul, 2018 Delaware District Court Stays Twitter Derivative Case Pending Securities Action By Albert J. Carroll In re Twitter Inc. Shareholder Derivative Litigation, C.A. No. 18-62-VAC-MPT (D. Del. July 23, 2018) Several Court of Chancery decisions...
24 Jul, 2018 Employers: What You Should Know About Delaware’s WARN Act By James H. McMackin III The Delaware Legislature recently enacted the Delaware Workplace Adjustment and Retraining Notification Act (the WARN Act). Beginning...
24 Jul, 2018 Employers: What You Should Know About Delaware’s WARN Act By James H. McMackin III The Delaware Legislature recently enacted the Delaware Workplace Adjustment and Retraining Notification Act (the WARN Act). Beginning...
23 Jul, 2018 Court of Chancery Explains Burden Needed to Support Inspection for Suspected Wrongdoing By Albert J. Carroll Barnes v. Sprouts Farmers Market Inc., C.A. No. 2017-0735-MTZ (Del. Ch. July 18, 2018) An investor seeking books and records for the...
23 Jul, 2018 Court of Chancery Explains MFW Requirements By Albert J. Carroll Posted In Fiduciary Duty Olenik v. Lodzinski, C.A. No. 2017-0414-JRS (Del. Ch. July 20, 2018) Transactions between a Delaware company and...
23 Jul, 2018 Court of Chancery Explains MFW Requirements By Albert J. Carroll Olenik v. Lodzinski, C.A. No. 2017-0414-JRS (Del. Ch. July 20, 2018) Transactions between a Delaware company and its controlling...
23 Jul, 2018 Court of Chancery Holds That Notice and an Opportunity To Be Heard Are Not Prerequisites to Dismissing an LLC Manager “For Cause” By Albert J. Carroll A&J Capital, Inc. v. Law Office of Krug, C.A. No. 22018-0240-JRS (Del. Ch. July 18, 2018) This decision holds that, absent contrary...
20 Jul, 2018 What are "damages"? By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Michael G. Owen +4 more... Show less Money paid to anyone injured (or damaged) in an accident is commonly referred to as “damages.” A motor vehicle accident often results in...
18 Jul, 2018 High Court Again Denies 'Corwin' Deference Due to Material Omissions Concerning Sale Process By K. Tyler O'Connell Earlier this year, the Delaware Supreme Court held that Corwin deference was not warranted where a recommendation statement to...
17 Jul, 2018 Court Of Chancery Permits Validation Of Defective Merger By Morris James LLP The Cirillo Family Trust v. Moezinia, C.A. 10116-CB (Del. Ch. July 11, 2018) This is an interesting decision for three reasons. First, it...
17 Jul, 2018 Court of Chancery Denies Director Access to Records in the Redstone-CBS Corp. Dispute By Albert J. Carroll In re CBS Corporation, C.A. No. 2018-0342-AGB (Del. Ch. July 13, 2018) It is well settled that members of the board of directors are...
17 Jul, 2018 Court of Chancery Explains Difference Between Experts and Arbitrators Under Delaware Law By Albert J. Carroll Penton Business Media Holdings LLC v. Informa PLC, C.A. No. 2017-0847-JTL (Del. Ch. July 9, 2018) This decision explains the difference...
17 Jul, 2018 Court Of Chancery Upholds Contract Claim Based On The Standard Of Conduct In An Agreement By Morris James LLP Wenske v. Blue Bell Creameries Inc., C.A. 2017-0699-JRS (July 6, 2018) When the parties to a LLP agree on the standard of conduct the...
17 Jul, 2018 Court of Chancery Stays Control Dispute Involving Kentucky Retirement Systems in Favor of Kentucky Plenary Action By Albert J. Carroll In Re Bay Hills Emerging Partners I L.P., C.A. No. 2018-0234-JRS (Del. Ch. July 2, 2018) This decision deals with the oft encountered...
12 Jul, 2018 Court of Chancery Imposes Over $20 Million in Damages on Investment Fund and Its Manager By Albert J. Carroll Posted In Fiduciary Duty Basho Technologies Holdco B LLC v. Georgetown Basho Investors LLC, C.A. No. 11802-VCL (Del. Ch. July 6, 2018)...