Key Corporate and Commercial Cases from Delaware for 2009
A review of key corporate and commercial cases from Delaware in 2009 follows in this post. Also, Francis Pileggi and Kevin Brady have written an article highlighting the “Top 5″ key corporate and commercial cases for 2009 from Delaware’s Chancery Court and Supreme … Continue reading
Deloitte Wins Summary Judgment Against Former Partner for Fiduciary Duty and Related Claims
Deloitte LLP v. Flanagan, No. 4125-VCN (Del Ch., Dec. 29, 2009), read opinion here. Prior Delaware opinions dealing with the Deloitte firm and its former partners have been highlighted on this blog here. Overview This Delaware Court of Chancery opinion addresses … Continue reading
Interview with Delaware Supreme Court Chief Justice Myron Steele
Chief Justice Myron T. Steele of the Delaware Supreme Court kindly agreed to be interviewed for this blog. We are certain that our readers will be very interested in the comments of the Chief Justice that will provide insights into … Continue reading
Chancery Retains Jurisdiction over Claims of False Disclosures in Schedule 13D Filings Despite Federal Jurisdiction over Exchange Act Violations by Hedge Funds; and Allows Claim of Damages to Proceed Despite Payment of Termination Fee to Losing Bidder
NACCO Industries Inc. v. Applica Incorporated, No. 2541-VCL (Del. Ch. Dec. 22, 2009), read opinion here This 63-page Delaware Court of Chancery decision rules on a Motion to Dismiss in connection with claims for damages arising out of a failed acquisition … Continue reading
Delaware Supreme Court Settles Split of Authority Regarding Contracts Under Seal
In a matter of first impression, the Delaware Supreme Court in Whittington v. Dragon Group, L.L.C., No. 392, 2009 (Del. Dec. 18, 2009), in a divided decision, resolved a split of authority in the Delaware trial courts regarding the requirements … Continue reading
Chancery Imposes Substantial Penalties for Non-Compliance with Prior Order
Aveta, Inc. v. Bengoa, No. 3598-VCL (Del. Ch., Dec. 24, 2009), read opinion here. This Court of Chancery opinion issued on Christmas Eve was no present to the defendant. In essence, the Court imposed severe penalties on a party for failing to comply with a prior Order … Continue reading
Court Rejects Request for Expedited Discovery Regarding Injunctive Relief After Finding No Colorable Disclosure Claims; Holds “No Solicitation” Provision and Termination Fee are Not “Per Se” Unreasonable
In In re 3Com Shareholders Litigation, C.A. No. 5067-CC (Dec. 18, 2009), read letter decision here, the Court of Chancery denied a motion to expedite discovery in connection with a preliminary injunction seeking to enjoin the consummation of a merger between … Continue reading
Chancery Court Rules on Patent and Intellectual Property Rights
Cephalon, Inc. v. Johns Hopkins University, No. 3505-VCP (Dec. 18, 2009), read opinion here. This 36-page opinion from the Delaware Court of Chancery deserves a separate article in a publication dedicated to patent litigation but in this brief post we will highlight those aspects … Continue reading
Court of Chancery Finds Party in Contempt for Destruction of Evidence; Sanctions Include Heightened Burden of Proof, Waiver of Privilege and “Significant” Award of Attorneys’ Fees
A battle for control of Trans-Resources, Inc. (“TRI”) is interrupted by findings of contempt and spoliation of evidence resulting in severe sanctions. Unfortunately like many litigations in recent years, disputes on the merits can get overshadowed by e-discovery disputes. Prime … Continue reading
Do Blogs Have an Impact on the Judicial Process?
Professor Jay Brown has a post on this topic here. The comments to the post also refer to law review articles that examine this issue. There is widespread evidence that judges and their law clerks read blogs, if only because … Continue reading
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