Delaware Court of Chancery Denies Request for TRO to Halt Dynegy Restructuring
In Roseton OL, LLC v. Dynegy Holdings Inc., C.A. No. 6689-VCP (Del. Ch. July 29, 2011), read opinion here, the Delaware Court of Chancery refused to grant injunctive relief requested by PSEG to block a restructuring by Dynegy that transferred assets to … Continue reading
Delaware Court of Chancery Decides Arbitrability of Settlement Agreement
Preferred Sands of Genoa, LLC v. Outotec (USA) Inc., C.A. No. 6011-VCN (Del. Ch. July 29, 2011), read letter decision here. This jewel of a pithy decision includes one of the most concise summaries of the Delaware law on arbitrability that one … Continue reading
Chancery Rules on Asset Protection Trust and Trust Modifications
Two recent decisions from the Delaware Court of Chancery involving trusts may not be categorized as traditional corporate or commercial litigation cases but they are important enough in terms of the amount of money involved and the legal issues addressed, that they will … Continue reading
Chancery Defers Request for Interim Fees in Class Action
In Frank v. Elgamal, C.A. No. 6120-VCN (Del. Ch. July 28, 2011), read letter ruling here, the Delaware Court of Chancery deferred making a decision on an application for interim fees in a class action challenging an acquisition. Issue Addressed … Continue reading
Chancery Addresses DGCL Section 225 Issues
In re Native American Energy Group, Inc., C.A. No. 6358-VCL, 2011 WL 1900142 (Del. Ch. May 19, 2011). Issues Addressed The Court addressed a petition seeking a declaratory judgment under Section 225(b) of the Delaware General Corporation Law (DGCL), 8 … Continue reading
New Delaware Standard Proposed for Review of Target Boards
Professor Samuel C. Thompson, Jr., Professor of Law and Director of the Center for the Study of Mergers & Acquisitions at the Pennsylvania State University School of Law, has written an article that proposes a new single standard to address the multiple standards … Continue reading
Delaware Court of Chancery Alters Procedure for Interim Review in Fee Advancement Case
In Fuhlendorf v. Isilon Systems, Inc., C.A. No. 5772-VCN (Del. Ch. July 22, 2011), the Court of Chancery explains in this letter ruling, available here, the latest procedure used by the Court for the interim review of fees sought in connection … Continue reading
SEC Proxy Access Rule Struck Down by D.C. Circuit
Professor Stephen Bainbridge provides scholarly analysis here regarding the very recent D.C. Circuit Court of Appeals decision that struck down the SEC Proxy Access Rule.
Court of Chancery Clarifies Basis for Determining Amount of Bond for Preliminary Injunction
Service Corporation of Westover Hills v. Guzzetta, C.A. No. 2922-VCP (Del. Ch. July 21, 2011), read opinion here. The Delaware Supreme Court’s remand decision in this case last year was highlighted on this blog here. The importance of this case … Continue reading
Delaware Supreme Court Addresses Electronic Discovery Issues and DGCL Section 225 Claims
In Genger v. TR Investors, LLC, No. 592, 2010 (Del. Supr., July 18, 2011), read opinion here, the Delaware Supreme Court addresses electronic discovery issues and contested elections for directors, in a 45-page opinion that warrants close examination by those engaged … Continue reading
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