22 Nov, 2019 Investor’s Desire to Criticize Proxy Contest Transactions Does Not Sustain Books and Records Request By K. Tyler O'Connell Delaware Business Court Insider The Delaware Court of Chancery’s recent decision in High River Limited Partnership v. Occidental...
21 Nov, 2019 Delaware Supreme Court Provides Additional Guidance on Pleading Direct Claims Against Controllers and Control Groups By Albert H. Manwaring IV K. Tyler O'Connell Sheldon v. Pinto Technology Ventures, L.P., No. 81, 2019 (Del. Oct. 4, 2019). The Delaware Supreme Court affirmed the Court of Chancery’s...
20 Nov, 2019 Superior Court Affirms Jury Verdict of Breach of Implied Covenant of Good Faith and Fair Dealing Concerning a Patent Dispute Settlement Agreement By P. Clarkson Collins Jr. Albert J. Carroll DRIT LP v. Glaxo Grp. Ltd., C.A. No. N16C-07-218 WCC CCLD (Del. Super. Oct. 17, 2019). This decision demonstrates the rare case where a...
19 Nov, 2019 Chancery Denies Motion for Reargument, Finding No Change to Delaware Legal Principles for Existence of “Control Group” of Stockholders By Lewis H. Lazarus K. Tyler O'Connell Silverberg v. Padda, C.A. No. 2017-0250-KSJM (Del. Ch. Oct. 18, 2019) Delaware courts recognize that a group of stockholders can...
18 Nov, 2019 Injured on Someone's Property By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Ross C. Karsnitz Michael G. Owen +5 more... Show less Accidents happen — you might slip and fall or trip over something and end up on the ground. While you might be able to get back up and...
14 Nov, 2019 Complaint Dismissed Against Managers of a Del. LLC Where Plaintiffs Fail to Allege Standard of Conduct Violation By Lewis H. Lazarus Court Finds Parties Eliminated Common-Law Fiduciary Duties Under Delaware law, the members of a limited liability company may eliminate...
12 Nov, 2019 Recent Cases Emphasize the Holistic Evaluation of Director Independence in the Demand Futility Context By Albert J. Carroll Delaware Business Court Insider A derivative claim for harm befalling a corporation belongs to the corporation itself. Under the state’s...
11 Nov, 2019 Chancery Denies Section 220 Bid for Executive Compensation Records Involving Facebook By R. Eric Hacker Albert J. Carroll Southeastern Pa. Trans. Auth. v. Facebook, Inc., C.A. No. 2019-0228-JRS (Oct. 29, 2019) Shareholders of a Delaware corporation have a...
11 Nov, 2019 Delaware Supreme Court Finds an Insurance Policy Covering “Securities Claims” Did Not Apply to Claims for Violations of Common Law By Lewis H. Lazarus K. Tyler O'Connell In re Verizon Ins. Coverage Appeals, Nos. 558, 560, 561 (Del. Oct. 31, 2019). The Delaware Supreme Court, applying principles of contract...
07 Nov, 2019 Chancery Finds Safe Harbor Conflicts Committee Not Validly Constituted in Master Limited Partnership Dispute By Lewis H. Lazarus Albert J. Carroll Dieckman v. Regency GP LP, C.A. No. 11130-CB (Del. Ch. Oct. 29, 2019). The Dieckman v. Regency GP LP matter has been in the Delaware...
07 Nov, 2019 Chancery Enters Sanctions in TransPerfect Litigation for Violating Exclusive Jurisdiction Provision in Court Order By Jonathan G. Strauss Albert J. Carroll In re: TransPerfect Global, Inc., C.A. No. 9700-CB (Del. Ch. Oct. 17, 2019). This decision arose out of the dispute between once...
04 Nov, 2019 What to Do If You Suspect the Person Who Hit You Is Drunk By Morris James LLP Drunk driving continues to be a serious problem in the United States. In 2016, police arrested over one million Americans for drunk...
03 Nov, 2019 My workers' compensation claim was denied, what now? By Kevin G. Healy Susan D. Ament Keith E. Donovan Matthew R. Fogg Michael G. Owen Clayton E. Bunting Wilson A. Gualpa Ross C. Karsnitz +5 more... Show less For injured workers, having a workers' compensation claim denied can be confusing, frustrating, and maybe even a little bit scary....
01 Nov, 2019 Chancery Blocks Natural Gas IPO By P. Clarkson Collins Jr. K. Tyler O'Connell Williams Field Services Group, LLC v. Caiman Energy, C.A. No. 2019-0350-JTL (Del. Ch. Sept. 25, 2019). This case again illustrates the...
01 Nov, 2019 Chancery Denies Former Derivative Plaintiff Standing to Challenge Merger That Extinguished Derivative Claims By P. Clarkson Collins Jr. K. Tyler O'Connell Morris v. Spectra Energy P’tners (DE) GP, LP, C.A. No. 2019-0097-SG (Del. Ch. Sept. 30, 2019). When a stockholder derivative claim is...
01 Nov, 2019 U.S. News - Best Lawyers Recognizes Morris James Among Best Law Firms By Susan D. Ament Ross Antonacci Michelle G. Bounds Allyson M. Britton +1 more... Show less The 2020 U.S. News - Best Lawyers guide to “Best Law Firms” recognizes Morris James nationally for Litigation-Mergers & Acquisitions and...