ABA Newsletter of Business and Corporate Litigation Committee
Here is a link to the current issue that was recently released of the Newsletter of the Business and Corporate Litigation Committee of the American Bar Association’s Business Law Section. Apart from my role as Editor of the publication, the … Continue reading
Overview of Key 2007 Corporate and Commercial Decisions
As I have done for opinions issued in 2005 and 2006, I have prepared a review of key corporate and commercial decisions from the Delaware Chancery Court and Delaware Supreme Court during the year 2007. See my two prior yearly summaries here. I … Continue reading
Diversity Issues
Here is an article from the Law.com network that identifies issues that may arise in connection with the diversity policy "bandwagon" that most law firms are following. The article promises more litigation on the issues raised.
Supreme Court Allows Fees to Out-of-State Litigant in Class Action Settlement
Alaska Electrical Pension Fund v. Brown, et al., (Del. Supr., Dec. 21, 2007), read opinion here. The best summary of this Delaware Supreme Court decision is supplied by the Court in the introductory paragraphs of its opinion: "[The Court decides] … whether … Continue reading
Chancery Rejects Extension of Deadline for Claims v. Dissolved Corporation’s Shareholder
In Virgin Islands v. Goldman, Sachs & Co., 2007 WL 4480823 (Del. Ch., Dec. 20, 2007), read opinion here, the Chancery Court, in this epic decision of over 100 pages in its original format, recounts a generation-long procedural history in connection … Continue reading
Blasius Review Not Triggered by Refusal to Call Shareholders’ Meeting
In Fogel v. U.S. Energy Systems, Inc., 2007 WL 4438978 (Del. Ch., Dec. 13, 2007), read opinion here, the Delaware Chancery Court addressed issues raised in connection with a contested board meeting during which the CEO was allegedly fired. After the purported … Continue reading
Chancery Rejects Interlocutory Appeal
West Willow-Bay Court v. Robino-Bay Court Plaza, LLC, 2007 WL 4357667 (Del. Ch., Dec. 2007), read opinion here. The Chancery Court’s main decision (that was the subject of this effort at an interlocutory appeal) was summarized here on this blog. This most … Continue reading
Specific Performance Claim Rejected
In United Rentals, Inc. v. RAM Holdings, Inc. (Cerberus ), (Del. Ch., Dec. 21, 2007), read opinion here, the Chancery Court rejected a claim for specific performance in a 68-page opinion that is destined to be a seminal decision on issues … Continue reading
Confidentiality and Privilege Preserved in 220 Case
Louisiana Municipal Police Employees’ Retirement System v. Countrywide Financial Corp., 2007 WL 4373116 (Del. Ch., Dec. 2007), read opinion here. The Chancery Court clarified its prior opinion granting a demand for books and records under DGCL Section 220 and confirmed that … Continue reading
Interference with Customers Not Basis to Stop Third-Party Subpoenas
In Beal Bank v. Westpoint Int’l, Inc., 2007 WL 459182 (Del. Ch., Dec. 13, 2007), read opinion here, the Chancery Court denied a motion for protective order regarding subpoenas for discovery sent to third-parties that were customers, suppliers and potential business … Continue reading
View My Twitter Profile
View My LinkedIn Profile
View My Facebook Profile
View This Blog's Facebook Network