31 Jul, 2020 Chancery Finds Party Waived Privilege When Documents Were Produced to FCC By K. Tyler O'Connell 0486-SG (Del. Ch. June 15, 2020) Plaintiffs brought a Motion to Compel seeking thirty-one documents withheld by Defendant on...
30 Jul, 2020 In Post-Trial Opinion, Chancery Finds for Defendant, Rejecting Claims Alleging Breach of Purchase Agreement and Right to “Board Packages” By P. Clarkson Collins Jr. Kirsten A. Zeberkiewicz K. Tyler O'Connell Braga Investment & Advisory, LLC v. Yenni Income Opportunities Fund I, L.P., C.A. No. 2017-0393-AGB (Del. Ch. June 8, 2020) In this...
30 Jul, 2020 Chancery Dismisses Action Involving Unusual Issue of Personal Jurisdiction By P. Clarkson Collins Jr. Kirsten A. Zeberkiewicz K. Tyler O'Connell Sustainability Partners LLC, v. Jacobs, C.A. No. 2019-0742-SG (Del. Ch. June 11, 2020) In this action involving “an unusual issue of...
30 Jul, 2020 What if my car accident was caused by a drowsy driver? 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 Life is busy and, as a result, many are burning the proverbial candle at both ends. Though driving while tired may not seem on par with...
29 Jul, 2020 Chancery Applies Contract’s Choice of Law to Related Fraud Claims, Declines to Dismiss Fraud Claims Where Contract Lacked Clear Anti-Reliance Language By R. Eric Hacker K. Tyler O'Connell The Anshutz Corp. v. Brown Robin Cap., LLC, 2019-0710-JRS (Del. Ch. June 11, 2020) In dealing with what the Court of Chancery called “a...
29 Jul, 2020 Chancery Rejects Argument that Books and Records Plaintiff Could “Retroactively” Comply with Statutory Demand Requirements By K. Tyler O'Connell Martinez v. GPB Capital Holdings, LLC, C.A. No. 2019-1005-SG (Del. Ch. June 9, 2020) The Delaware Court of Chancery largely entered...
28 Jul, 2020 CCLD Bars Tort Claims Overlapping with Contract Claims under Economic Loss Doctrine By Lewis H. Lazarus K. Tyler O'Connell GEA Sys. N. Am. LLC v. Golden State Foods Corp., C.A. No. N18C-11-242 EMD CCLD (Del. Super. Ct. June 8, 2020) This case illustrates the...
21 Jul, 2020 Chancery Finds Pre-Closing Privilege Did Not Transfer to Buyer Under Asset Purchase Agreement By K. Tyler O'Connell DLO Enterprises, Inc. v. Innovative Chemical Products Group, LLC, C.A. No. 2019-0276-MTZ (Del. Ch. June 1, 2020). Defendants/Counterclaim...
20 Jul, 2020 Court of Chancery Sustains Aiding-and-Abetting Breach of Fiduciary Duty Claim Against Financial Advisor By Morris James LLP Morrison v. Berry, C.A. No. 12808-VCG (Del. Ch. June 1, 2020) Even if fiduciary duty of care claims against a target company’s board of...
17 Jul, 2020 Special Committee’s Narrow Mandate, Company’s Decision to Bypass Committee and Impermissible “Coercion” Prevent Dismissal Under MFW By K. Tyler O'Connell The Delaware Supreme Court’s MFW decision provides a safe harbor for controlling stockholder buyouts that are conditioned upon approval...
15 Jul, 2020 Delaware Supreme Court Clarifies Materiality Standard for Director Disclosure By Lewis H. Lazarus Delaware Business Court Insider A plaintiff challenging a merger when a majority of the board approving the transaction is disinterested...
15 Jul, 2020 Delaware Supreme Court Clarifies Materiality Standard for Director Disclosure By Lewis H. Lazarus A plaintiff challenging a merger when a majority of the board approving the transaction is disinterested and independent and there is no...
14 Jul, 2020 John Newcomer Presenting in ALFA International Webinar on Price-Gouging Enforcement in the Era of COVID-19 By John H. Newcomer Jr. As the COVID-19 pandemic continues, law enforcement authorities are increasingly taking action under anti-price gouging and anti-hoarding...
14 Jul, 2020 Webinar: Price-Gouging Enforcement in the Era of COVID-19 By John H. Newcomer Jr. As the COVID-19 pandemic continues, law enforcement authorities are increasingly taking action under anti-price gouging and anti-hoarding...
09 Jul, 2020 CCLD Offers Guidance on the Application of Tolling Doctrines to M&A Agreement Clauses By Jonathan G. Strauss K. Tyler O'Connell AssuredPartners of Virginia, LLC v. Sheehan, C.A. No. N19C-02-175 AML CCLD (Del. Super. Ct. May 29, 2020) A disgruntled buyer brought...
07 Jul, 2020 CCLD Addresses Ripeness Doctrine and the “Stranger Rule” in Tortious Interference Claims By P. Clarkson Collins Jr. Kirsten A. Zeberkiewicz K. Tyler O'Connell Athene Life and Annuity Co., et al. v. Am. Gen. Life Ins. Co., et al., C.A. No. N 19C-10-055 PRW CCLD (Del. Super. May 18, 2020) Policy...