Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
Pharmaceutical Product Development, Inc. v. TVM Life Science Ventures VI, L.P., C.A. No. 5688-VCS (Del. Ch. Feb. 16, 2011). Read opinion here.
Short Overview
This is a somewhat unremarkable decision involving alleged breaches of contract and fraud–except for its clarification of the distinction between "general damages" and "special damages".
Noteworthy Legal Analysis
The parts of…
One of my favorite U.S. Supreme Court Justices is The Hon. Clarence Thomas and his remarks recently at a gathering of law students are words to live by. They are quoted below via The Wall Street Journal’s Law Blog.
“And what I think is important for you all, is that when you see people standing in
…
Steven Mizel Roth IRA v. Laurus U.S. Fund, L.P., C.A. 5566-VCN (Del. Ch. Feb. 25, 2011), read opinion here. This Court of Chancery opinion rejected a request to dissolve a limited partnership and refused to appoint a receiver in the context of an investment fund that was in liquidation mode but was not dissolved…
The Delaware Court of Chancery’s Guidelines Regarding the Preservation of Electronically Stored Information (ESI) were previously reviewed here on this blog, but now Kevin F. Brady of Connolly Bove Lodge & Hutz LLP in Wilmington, a nationally recognized electronic discovery expert, provides a more comprehensive commentary on the Court’s ESI guidelines, issued last month, in a post…
Philadelphia attorney Maxwell Kennerly on his blog called "Litigation & Trial" writes a thoughtful post here that discusses Cicero, philosophy, legal ethics, persuasion and the limits of advocacy. Good stuff.
Vianix Delaware LLC v. Nuance Communications, Inc., C.A. No. 3801-VCP (Del. Ch. Feb. 9, 2011). See summary of 76-page post-trial decision here.
Short Overview
This latest installment in this case is the third post-trial decision. This third iteration takes 29-pages to address two motions: (1) A motion to reopen the evidentiary record to…
Kevin F. Brady of Connolly Bove Lodge & Hutz, LLP, who was present at many of the lengthy proceedings in this historic case, provides an insider’s perspective in his review of this decision by the Delaware Court of Chancery.
Chancellor William B. Chandler, III upheld the validity of Airgas’s poison pill as an appropriate anti-takeover…
Wimbledon Fund LP v. SV Special Situations Fund LP, C.A. No. 4780-VCS (Del. Ch. Feb. 4, 2011), read opinion here. See prior decisions in this matter summarized on this blog here.
Short Overview
This is a decision after remand from the Delaware Supreme Court in which Delaware’s High Court ordered the trial court…
David Marcus of The Deal writes here about a recent Chancery hearing involving the sale of Atlas Energy to Chevron, in which the Vice Chancellor reviewing the case sought the disclosure in the proxy statement of more details regarding the interest of key management [a father and son team both named Cohen] in affiliated entities that were also part of…
PLI’s Securities Law Practice Center highlights 5 blog posts each week from around the country for their "Top 5 Corporate & Securities Blog Posts" feature. Well, we were flattered to hear that we were recently included as indicated here.
Also this week, we received another indication that someone is reading this blog when we were notified…