31 Oct, 2019 Court of Chancery Orders Advancement of Fees for Former Directors and Officers who Sold their Stock in a Private Transaction By K. Tyler O'Connell Bryan Townsend Nielsen v. EBTH, Inc., C.A. No. 2019-0164-MTZ (Del. Ch. Sept. 30, 2019). Delaware law permits advancement of fees and expenses for...
12 Sep, 2013 Court of Chancery Orders New Arbitrator By Morris James LLP Lynn v. Ullrich, C.A. 7098-ML-VCN (September 12, 2013) This decision ordered the parties to pick a new arbitrator when the prior...
15 May, 2013 Court of Chancery Limits Third Party Discovery By Morris James LLP In re: El Paso Partners LP Derivative Litigation, C.A. 7141-CS (Transcript, April 15, 2013) This decision discusses when discovery from a...
14 Feb, 2013 Court of Chancery Outlines Custodian Immunity By Morris James LLP Jepsco Ltd. v. B.F. Rich Co. Inc,. C.A. 7343-VCP (February 14, 2013) The liability of a custodian or receiver for a dissolving...
31 Aug, 2012 Court of Chancery Nails Down "Good Faith" by a Conflicts Committee By Morris James LLP In re: Encore Energy Partners LP Unitholder Litigation, C.A. 6347-VCP (August 31, 2012) Delaware limited partnership agreements...
15 Aug, 2012 Court of Chancery Limits Subpoena By Morris James LLP Huff Fund Inv. Partnership v. CKx Inc., C.A. 6844-VCG (August 15, 2012) This is another in a series of recent discovery decisions...
19 Jul, 2012 Court of Chancery Orders Discovery on Notarization By Morris James LLP Bessenyei v. Vermillion Inc., C.A. 7572-VCN (July 19, 2012) All Court of Chancery complaints must be verified by each plaintiff. Most of...
22 Jul, 2011 Court of Chancery Modifies the Duthie Procedures By Morris James LLP Fuhlendorf v. Isilon Systems Inc., C.A. 5772-VCN (July 22, 2011) When a director is sued, he often is entitled to have his attorney fees...
01 Oct, 2010 Court of Chancery Orders LLC Dissolved By Morris James LLP Vila v. BVWEBTIES LLC , C.A. 4308-VCS (October 1, 2010) This decision is a variation on the issue of when should a LLC be dissolved when...
04 Feb, 2010 Court of Chancery Now Open for Arbitration of Corporate and Commercial Business Disputes By Morris James LLP The Delaware Court of Chancery (“Court of Chancery” or “Court”) has announced new rules for arbitration procedures of business disputes....
08 Dec, 2009 Court of Chancery Limits When a Stockholder May Claim Appraisal By Morris James LLP DiRienzo v. Steel Partners Holdings L.P., C.A. 4506-CC (December 08, 2009) While it is well known that appraisal rights are limited to...
06 May, 2009 Court of Chancery Orders Dissolution Upon End of Term By Morris James LLP In re Nextmedia Investors LLC, C.A. 4067-VCS (May 6, 2009) This is an interesting case, because it upholds the right of a member of an...
30 Apr, 2009 Court of Chancery Limits Turning Contracts Into Fiduciary Duties By Morris James LLP Nemec v. Shrader, C.A. 3878-CC (April 30, 2009) A contract right does not create a fiduciary duty. Here the plaintiffs had a contract...
23 Mar, 2009 Court of Chancery Limits Use of Interested Directors' Votes By Morris James LLP Sutherland v. Sutherland, C.A. No. 2399-VCL (Del. Ch. March 23, 2009) This decision is a good outline of the effect of Section 144 of the...
15 Jan, 2008 Court of Chancery Orders Meeting for Bankrupt By Morris James LLP Fogel v U.S. Energy Systems, Inc., C.A. No. 3271-CC (January 15, 2008). This is another in a line of decisions holding that the Court of...
14 Jun, 2007 Court of Chancery Overturns Standstill Agreement By Morris James LLP In Re: The Topps Company Shareholders Litigation, C.A. No. 2786-VCS (June 14, 2007). The duties of directors in a sale of the company...