Judge Scheindlin Issues 85-page Opinion on E-Discovery entitled “Zubulake Revisited: Six Years Later”
The Pension Committee of the University of Montreal Pension Plan et al., v. Banc of America Securities, LLC, et al., 2010 WL 184312 (S.D.N.Y.), read amended opinion here. Kevin Brady, a nationally-recognized expert in electronic discovery, prepared this short overview. … Continue reading
Court of Chancery Approves a Cox Communications Settlement of Two Actions; Reduces Attorneys’ Fee Award to $10 million
Brinckerhoff v. Texas Eastern Products Pipeline Co., LLC, C.A. Nos. 2427-VCL, 4548-VCL (Del. Ch. Jan. 15, 2010), read opinion here. Kevin Brady and Ryan Newell of the Connolly Bove firm prepared this synopsis. In a consolidated matter, the Court of … Continue reading
Chancery Orders Dissolution of LP Based on “Not Reasonably Practicable” Standard in Section 17-802
Harris v. RHH Partners, LP, et al., No. 1198-VCN, (Del. Ch., January 27, 2010), read letter decision here. A prior decision in this case by the Delaware Court of Chancery was highlighted here. Why This Short Ruling is Noteworthy This decision in noteworthy … Continue reading
Delaware Court of Chancery Applies New York Law to Dismiss Counterclaims and Affirmative Defenses
Mitsubishi Power Systems Americas, Inc. v. Babcock & Brown Infrastructure Group US, LLC, No. 4499-VCL (Del. Ch., Jan. 22, 2010), read opinion here. The Court of Chancery’s prior decision granting a TRO was summarized here. Because this decision applies New York … Continue reading
Vice Chancellor Laster Rejects Standard Phrase in Confidentiality Stipulations Dealing with Restrictions on Use of Confidential Information
NewRadio Group LLC v. NRG Media LLC, et al., C.A. No. 4951-VCL (Del. Ch., January 27, 2010), read letter decision here. Kevin Brady, a highly regarded Delaware litigator, prepared this synopsis. In this Court of Chancery decision, Vice Chancellor Laster struck language … Continue reading
Chancery Bars Proportionate Fault Claim in Confirmation of Arbitration Award
Global Link Logistics, Inc. v. Olympus Growth Fund III, L.P., No. 4444-VCP (Del. Ch. Jan. 29, 2010), read opinion here. David Felice, of Ballard Spahr, represented one of the parties in this matter, and prepared this synopsis. In a summary … Continue reading
Chancery Determines that Erroneous Fact Finding Would Not Change Holding
CA, Inc. v. Ingres Corp., No. 4300-VCS (Del. Ch. Jan. 26, 2010), read letter decision here. The Court of Chancery’s120-page prior decision in this matter was highlighted here. This letter decision was initially designed to resolve issues presented by competing proposed orders to implement the … Continue reading
Professor Bainbridge on Corporate Governance and the U.S. Senate’s Membership
Corporate Law Professor Stephen Bainbridge discusses the impact on the law of corporate governance that could change based on the particular membership of the U.S. Senate, in a post here, especially focusing on the potential consequences to Delaware due to Congressional efforts to federalize corporate governance, and how the delegation … Continue reading
Court of Chancery Analyzes Details of Claim for Breach of Implied Covenant of Good Faith and Fair Dealing for Limited Deadline Extension–and Denies Claim
Amirsaleh v. Board of Trade of the City of New York, No. 2822-CC (Del. Ch., January 19, 2010), read opinion here. Read summaries on this blog of the several prior opinions of the Court of Chancery in this case here. In this latest opinion, the Court … Continue reading
Professor Bainbridge on “Efficient Breach” Theory of Contract and Related Moral Issues
Professor Bainbridge discusses the "efficient breach" theory of contract law, and related moral issues that it may raise, in a post here. The Delaware Court of Chancery, in its recent Nacco decision, summarized here, observed at page 61 of the slip opinion … Continue reading
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