28 Jun, 2019 Chancery Finds Former Limited Partner Lacks Standing to Seek Books and Records By P. Clarkson Collins Jr. Albert J. Carroll Greenhouse v. Polychain Fund I LP, C.A. No. 2018-0214-JRS (Del. Ch. May 29, 2019). Seeking to inspect an entity’s books and records to...
28 Jun, 2019 Chancery Addresses the Direct and Derivative Claim Distinction and Demand Futility in the LLC Context By P. Clarkson Collins Jr. Albert J. Carroll Stone & Paper Investors LLC v. Blanch, C.A. No. 2018-0394-TMR (Del. Ch. May 31, 2019). Plaintiff sued Defendants, who were supposed to...
28 Jun, 2019 Chancery Finds Advancement Decision Not Immediately Appealable When Reasonableness Disputes Remain By P. Clarkson Collins Jr. Albert J. Carroll Sider v. Hertz Global Holdings Inc., C.A. No. 2019-0237-KJSM (Del. Ch. Jun 17, 2019). Prior to this ruling, no Delaware opinion had...
25 Jun, 2019 What is a settlement and what are some of the pros and cons of accepting one? 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 A settlement is an official agreement that resolves a personal injury claim or lawsuit before it goes to trial, allowing both parties to...
19 Jun, 2019 Chancery Addresses Earn-Out Dispute and Referee Process By Lewis H. Lazarus Albert J. Carroll Windy City Investments Holdings LLC v. Teachers Insurance and Annuity Association of America f/k/a Teachers Insurance and Annuity...
19 Jun, 2019 Chancery Permits Receiver to Tax Petitioner for Costs of Receivership By Jonathan G. Strauss K. Tyler O'Connell Longoria v. Somers, C.A. No. 2018-0190-JTL (Del. Ch. May 28, 2019). The Court of Chancery may appoint a receiver to wind up a deadlocked...
19 Jun, 2019 Chancery Unseals Confidential Complaint for Failure to Comply With Court Rules By Albert J. Carroll Jonathan G. Strauss The Chemours Co. v. DowDupont Inc., C.A. No. 2019-0351-SG (Del. Ch. June 7, 2019). The Delaware courts have long tried to balance the...
18 Jun, 2019 Chancery Finds Adequately Pled Breach of Fiduciary Duty Based on Course of Disruptive Conduct By Lewis H. Lazarus Albert J. Carroll Klein v. Wasserman, C. A. No. 2017-0643-KSJM (Del. Ch. May 29, 2019). The typical claim for breach of fiduciary duty arises out of a...
18 Jun, 2019 Chancery Sustains Stockholder Inspection Demands to Investigate Caremark Claims Arising from Facebook / Cambridge Analytica Scandal By K. Tyler O'Connell Jonathan G. Strauss In re Facebook Inc. Section 220 Litig., C.A. No. 2018-0661-JRS (Del. Ch. May 31, 2019). A so-called Caremark Claim premised upon...
17 Jun, 2019 Court of Chancery Enforces the Absolute Litigation Privilege By Albert H. Manwaring IV Albert J. Carroll Ritchie CT Opps, LLC v. Huizenga Managers Fund, LLC, C.A. No. 2018-0196-SG (Del. Ch. May 30, 2019). The absolute litigation privilege is...
11 Jun, 2019 Synergy Pharmaceuticals Inc. / Litigation Trust - Beneficiary Information By Morris James LLP Synergy Pharmaceuticals Inc. Litigation Trust - Beneficiary Information On April 25, 2019, Synergy Pharmaceuticals Inc. received...
10 Jun, 2019 Is it possible to make a financial recovery for pain and suffering in a Delaware wrongful death case? 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 Delaware law gives the surviving spouse, children, parents, or siblings of those killed in accidents caused by the negligence of another...
05 Jun, 2019 Nine Ways to Improve the Employee Evaluation Process By Allyson M. Britton James H. McMackin III Law 360 As summer approaches, many human resources departments are gearing up for performance evaluations. Not all evaluation programs...
03 Jun, 2019 Chancery Awards Advancement to Member Under Operating Agreement Provision By Albert H. Manwaring IV Delaware Business Court Insider Delaware corporate law allows for a corporation to agree in its organizational documents or contracts to...