Bankruptcy Court Denies Motion to Dismiss Claims Against Directors Who Sold Company Just Before Filing for Bankruptcy
This is another case summary by associate Carl Neff about another example of the Bankruptcy Court’s application of Delaware corporate law. The Harvard Corporate Governance Blog also published their own summary of the case noted below. In Bridgeport Holdings Inc. Liquidating … Continue reading
Major Decision by Chancery Court on Corporate Law Aspects of Mergers and Acquisitions
In Ryan v. Lyondell Chemical Company, (Del. Ch., July 29, 2008), read opinion here, the Delaware Chancery Court rendered a decision that is "must reading" for anyone who needs to know the latest developments in Delaware corporate law involving mergers … Continue reading
Chancery Kept DuPont Litigation in Delaware But Denied Requested Injunctive Relief
Two relatively prompt decisions in the same month involving DuPont, kept a case in Delaware, but then the Chancery Court frowned on its request for injunctive relief. The first case, E.I. duPont de Nemours and Company v. Bayer Cropscience LP, 2008 WL 2673376 (Del. Ch., July … Continue reading
Checklist To Consider Before Sending Emails
Courtesy of the Death By Email Blog, here is a checklist to consider before sending emails.
Yahoo Procedural Decisions
Though the attention by the press to the Yahoo takeover dance has waned, in light of Carl Icahn’s deal to get on the board, and Microsoft playing coy, the three relatively recent Chancery Court decisions are compiled all in one place below. In Re … Continue reading
Expedited Scheduling Granted by Chancery in Class Action Alleging Disclosure Issues
In Marie Raymond Revocable Trust and Richard and Sharon Brower v. MAT Five LLC, et al.,(Del. Ch., June 26, 2008), read opinion here, the Chancery Court granted a motion for expedited proceedings in a class action seeking a preliminary injunction … Continue reading
Collateral Estoppel Bars Pending Claims
In Troy Corp. v. Schoon, (Del. Ch., July 18, 2008), read opinion here, the Chancery Court addressed the issue of collateral estoppel and found that certain claims were barred due to prior litigation in which the plaintiffs had the opportunity … Continue reading
Delaware Supreme Court’s 1971 opinion in Sinclair Oil v. Levien, Subject of Law Review Article
Courtesy of Professor Bainbridge is a link to an article by Professor Bob Thompson on the seminal Delaware Supreme Court decision in Sinclair Oil v. Levien, from 1971, that addressed key issues of fiduciary duty and judicial review standards. Here is … Continue reading
Trustee’s D & O Claims Survive Motion to Dismiss
Courtesy of associate Carl Neff is a summary of a decision from the U.S. Bankruptcy Court for the District of Delaware in a case styled: In re Troll Communications, LLC , 385 B.R. 110, 113 (2008). This Bankruptcy Court in Delaware is … Continue reading
PA Standard to Overturn Arbitration Decision
In Orr v. Travelers Insurance Company, 95 Delaware County (PA) Reports 145 (2008), read opinion here, the Delaware County (PA) Court of Common Pleas discusses the high standard in Pennsylvania that must be met for overturning a binding arbitration decision. The court held that the failure of … Continue reading
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