Chancery Court Grants Expedited Proceedings for a Preliminary Injunction Application in Challenge to Merger Agreements Involving EMC, Data Domain and NetApp, Inc.
Police & Fire Ret. Sys. of The City of Detroit v. Bernal, No. 4663-CC (June 25, 2009), read letter decision here. This Chancery Court decision provides a useful guide for the standard that will be applied to a motion to expedite proceedings. It also … Continue reading
Chancery Court Resolves Objections of Class Members Excluded from Class Action Settlement Involving Chicago Board Options Exchange
CME Group, Inc. v. Chicago Board Options Exchange, Inc., No. 2369-VCN (June 25, 2009), read opinion here. See several prior Chancery Court decisions in this case summarized here, including the court’s approval of the Stipulation of Settlement in this class … Continue reading
U.S. Supreme Court Rules in Favor of White Firefighters in Race Discrimination Decision
The United States Supreme Court ruled today that white firefighters who were denied a promotion even though they scored higher on tests than minority counterparts, suffered violations of their civil rights. Though outside the normal scope of this blog, the issues … Continue reading
Madoff and The Divine Comedy
Prof. Jayne Barnard on The Conglomerate blog writes here about Dante’s masterpiece of literature called The Divine Comedy, and in particular her reference to Dante’s Inferno and its 9th circle of Hell (the lowest) reserved for those who betray their friends. … Continue reading
Chancery Court Awards Partial Fee Amount Requested due to Litigation that was only Partially Responsible for Changes in Contested Deal
In re: BEA Systems, Inc. Shareholders Litigation, No. 3298-VCL (June 24, 2009), read letter decision here. A prior Chancery Court decision in this case was summarized here. This short 2-page letter decision addressed a request for attorneys’ fees in a case that … Continue reading
Chancery Court Dismisses Case Against Directors of Delaware Corporations and Several Foreign Corporations
Lisa, S.A. v. Juan Jose Gutierrez Mayorga, No. 2571-VCL (Del. Ch., June 22, 2009), read opinion here. Overview This Chancery Court decision involves a 1992 sale of shares in a group of family-owned corporations organized under the laws of Guatemala and … Continue reading
Lawyers, Law Firms and Blogging
Mark Herrmann, a partner at the Chicago office of the Jones Day firm, and co-author of the popular blog called Drug and Device Law, writes here about his admittedly unscientific analysis of the most recent annual survey by Kevin O’Keefe of … Continue reading
Chancery Court Awards all Fees Requested as Reasonable based on Terms of an Agreement but Rules that “Expenses” are not covered by “Costs” Term in Agreement
Ivize of Milwaukee v. Compex Litigation Support, No. 3158-VCL (June 24, 2009), read letter decision here. The recent prior decision of the Chancery Court in this case was summarized here. In its prior opinion, the court determined that the Asset Purchase … Continue reading
Delaware Chancery Court Amends Rules
The Delaware Chancery Court has amended Rule 173 regarding remote hearings, available here, as well as Rule 3 regarding filing fees for expedited proceedings and other court filings, available here.
Chancery Court Rejects Claims by AIG v. Co-Conspirators Based on In Pari Delicto Doctrine
In Re American International Group, Inc., Consolidated Derivative Litigation; American International Group, Inc. v. Greenberg, Del. Ch., No. 769-VCS (June 17, 2009), read opinion here. A recent prior decision by the Chancery Court in this case was highlighted here. That decision was … Continue reading
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