Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
In Grunstein v. Silva, C.A. No. 3932-VCN (Del. Ch. April 13, 2010), read letter decision here, the Court granted Plaintiffs’ motion to compel production of post-acquisition financial documents but denied Plaintiffs motion to compel the production of six emails between the Defendant and his attorneys at Dechert LLP for which the Defendants claimed the attorney-client privilege.
Kevin…
Coughlan v. NXP B.V., No. 5110-CC (Del. Ch. Apr. 15, 2010), read letter decision here.
This short letter decision by the Delaware Court of Chancery interprets an Agreement and Plan of Merger that recognizes the standing of an individual shareholder to pursue litigation on behalf of all of the former stockholders of the company…
Orix LF, L.P. v. InsCap Asset Management, LLC, C.A. No. 5063-VCS (Del. Ch. April 13, 2010), read opinion here.
Who Should Read This Court of Chancery Decision? Anyone who wants to know the latest Delaware law on the frequently recurring issue of: "Who decides whether a particular claim is subject to an arbitration clause, or not–the arbitrator or…
Today’s Wall Street Journal has a thought-provoking story at page W-3 by Notre Dame Law School Professor Richard W. Garnett, here, regarding the phenomenon that we have today of the SCOTUS including six Catholics and two Jews–groups who together form only a minority of the citizens of the U.S. and who were each discriminated against at least during most of our…
This is the second day that our blog posts will be presented from the annual Tulane Corporate Law Institute. The panel presentation this morning that would be of the most interest to readers is entitled: "M & A of Financially Distressed Companies". Among the issues addressed at this intersection of corporate law and bankruptcy law is the scope…
Blog posts today and tomorrow will be from the Tulane Corporate Law Institute in New Orleans. This event gathers practitioners and academics from around the country who want to keep updated on the latest developments in the law impacting corporate litigation and corporate transactions. Among the few hundred attendees, lawyers and judges from Delaware represent a disproportionately…
On April 2, 2010, United States Magistrate Judge Barbara Major issued a decision which may end a two-year discovery battle about whether sanctions should be imposed on six attorneys in Qualcomm v. Broadcom, Case No. 05cv1958-B (BLM), 2010 WL 1336937 (S.D. Ca. April 2, 2010).
Kevin Brady, a Delaware litigator and nationally-recognized electronic discovery expert, prepared this…
Saliba v. William Penn P’Ship, C.A. No. 111-CC (Del. Ch. April 12, 2010), read letter decision here. This letter decision, one and one-half pages long, of the Delaware Court of Chancery is noteworthy for its award of attorneys’ fees based on pre-litigation conduct as opposed to any actions or omissions of the parties or counsel after…
Professor Stephen Bainbridge comments here about the above topic, referring to a post by Mae Kuykendall and an article written on the subject by former Delaware Chief Justice E. Norman Veasey and Christine DiGuglielmo. He wonders if more should be written on the difference between practice and theory regarding this common situation where, for example, a hedge…
Professor Larry Ribstein comments here on a recent article that examines whether lawsuits involving Delaware corporate law are increasingly being filed in courts other than Delaware courts. The authors of a recent academic study answer that question in the affirmative. Professor Ribstein has a different perspective based on his research and analysis.
An abstract from the…