29 May, 2020 COVID-19 and Force Majeure Clauses Under Delaware Law By John H. Newcomer Jr. David J. Soldo Delaware Litigation Alert Commercial contracts often include a force majeure clause that limits a party’s liability for non-performance...
29 May, 2020 Court of Chancery Adjudicates Books and Records Request Post-Trial for Delaware LLC By Lewis H. Lazarus Delaware Business Court Insider Trials involving books and records requests have become more common since the Delaware Supreme Court...
29 May, 2020 Chancery Compares Aronson and Rales Tests for Demand Futility By R. Eric Hacker K. Tyler O'Connell Finds Well-Pled Caremark Claim Showing No Good Faith Effort to Oversee Financial Reporting and Related-Party Transactions Made Demand...
29 May, 2020 Court of Chancery Adjudicates Books and Records Request Post-Trial for Delaware LLC By Lewis H. Lazarus Trials involving books and records requests have become more common since the Delaware Supreme Court encouraged stockholder plaintiffs to...
28 May, 2020 Chancery Dismisses GoPro Derivative Action for Failure to Allege Directors Intentionally Made Inflated Revenue Forecasts By Jonathan G. Strauss K. Tyler O'Connell In re GoPro, Inc. S’holder Deriv. Litig., C.A. No. 2018-0784-JRS (Del. Ch. Apr. 28, 2020) This opinion serves as a reminder that...
27 May, 2020 Chancery Provides Guidance on Rule 23.1 “With Particularity” Pleading Standard in Continuing Investors Bancorp Stock Awards and Options Dispute By Albert J. Carroll P. Clarkson Collins Jr. Kirsten A. Zeberkiewicz Elburn v. Albanese, C.A. No. 2019-0774-JRS (Del. Ch. Apr. 21, 2020) Finding that the stockholder plaintiff (the “Plaintiff”) had...
26 May, 2020 Chancery Defers to Liquidating Trustee in Approving a Sale of LLC Assets By Lewis H. Lazarus K. Tyler O'Connell Acela Invs. LLC v. DiFalco, C.A. No. 2018-0558-AGB (Del. Ch. Apr. 27, 2020). This case affirms that, absent an abuse of discretion, the...
26 May, 2020 Superior Court Allows Fraudulent Inducement and Breach of Contract Claims to Proceed in Parallel Based on Rescissory Damages Request By Jonathan G. Strauss Albert J. Carroll Firmenich Inc. v. Natural Flavors, Inc., C.A. No. N19C-01-320 MMJ [CCLD] (Del. Super. Apr. 7, 2020).Fraud claims that overlap with breach...
22 May, 2020 What to Do After Being Injured in a Work Vehicle By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Ross C. Karsnitz +4 more... Show less Have you been injured in a work vehicle? What rights do you have as an injured employee, and what compensation are you entitled to? The...
22 May, 2020 Chancery Finds Corporation Fraudulently Induced Investor into Contract, Acting “Through Concealment and Silence” By K. Tyler O'Connell Maverick Therapeutics Inc. v. Harpoon Therapeutics, Inc., C.A. No. 2019-0002-SG (Del. Ch. Apr. 3, 2020). In this post-trial opinion, the...
21 May, 2020 Chancery Finds Lack of Personal Jurisdiction Over Employee Defendants in Stock Appreciation Rights Dispute By Albert J. Carroll Highway to Health, Inc. v Bohn, C.A. No. 2018-0707-AGB (Del. Ch. Apr. 15, 2020). To establish personal jurisdiction over a nonresident...
21 May, 2020 Chancery Finds Tortious Interference By Financial Industry Competitor and Addresses the Requirements for Obtaining Permanent Injunctive Relief By Lewis H. Lazarus Albert J. Carroll Preston Hollow Capital LLC v. Nuveen LLC, C.A. No. 2019-0169-SG (Del. Ch. April 9, 2020). This case illustrates the type of competitive...
21 May, 2020 Delaware Superior Court Interprets Contractual Language Governing Earn-out Payment By Albert H. Manwaring IV Bryan Townsend Albert J. Carroll B&C Holdings, Inc. v. Temperatsure Holdings, LLC, C.A. No. N19C-02-105 AML CCLD (Del. Super. Apr. 22, 2020). As this decision...
19 May, 2020 Partner Mike Owen Discusses the Importance of Lawyer-Client Relationships By Michael G. Owen Personal Injury Partner Mike Owen spoke at the DSBA CLE Fundamentals of Law Practice Management and Technology Seminar on May 14, 2020....
15 May, 2020 Sugarfina Inc. Chapter 11 Plan Wins Court Approval By Brya M. Keilson Eric J. Monzo Jeffrey R. Waxman Law360 On Tuesday, May 12, 2020, U.S. Bankruptcy Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware...
15 May, 2020 Court of Chancery Permits Targeted Jurisdictional Discovery to Seek Proof to Support Non-Frivolous Claim of Personal Jurisdiction By K. Tyler O'Connell Albert H. Manwaring IV Bryan Townsend HM Life Ins. Co. v. Wilmington Sav. Fund Soc’y, FSB, C.A. No. 2018-0649-SG (Del. Ch. Apr. 9, 2020). If a plaintiff has pled facts in its...