Prior Release Bars Claims in Court of Chancery

Posted on November 29th, 2011 by Francis Pileggi

Seven Investments, LLC v. AD Capital, LLC, C.A. No. 6449-VCL (Del. Ch. Nov. 21, 2011), read opinion here. Issue Addressed: Whether a release agreement previously signed among the parties served to preclude the claims presented in this case. Short Answer: … Continue reading →

Federal Court De-certifies Class Action Due to Misconduct of Class Counsel

Posted on November 28th, 2011 by Francis Pileggi

Creative Montessori Learning Center v. Ashford Gear LLC, No. 11-8020, (7th Cir. Nov. 22, 2011) (Posner, J.) read opinion here.  This decision of the U.S. Court of Appeals for the 7th Circuit finds its place on this blog primarily because … Continue reading →

Lawyers, Ignorance, and the Dominance of Delaware Corporate Law

Posted on November 27th, 2011 by Francis Pileggi

Professor Steven Bradford on the Business Law Prof Blog has a post available here with the above-captioned title that challenges some of the conventional assumptions about why Delaware enjoys “king of the hill” status on corporate law matters among states. … Continue reading →

Say-on-Pay and The Business Judgment Rule

Posted on November 26th, 2011 by Francis Pileggi

The Harvard Law School Corporate Governance Blog has a post here that discusses two recent (non-Delaware) cases that address the intersection of federal and state law in the area of corporate governance, regarding the business judgment rule and the recent … Continue reading →

Delaware Supreme Court Reverses Trial Court; Procedural Defect Not Sound Basis for Dismissal

Posted on November 25th, 2011 by Francis Pileggi

Dishmon v. Fucci, No. 784, 2010 (Del. Supr., Nov. 10, 2011) (en banc), read Delaware Supreme Court decision here. Jill Agro of Eckert Seamans prepared the overview of this case. Although tangential to the substantive topic of commercial and corporate … Continue reading →

Court Orders Access to Facebook Data in Reply to Discovery Motion

Posted on November 24th, 2011 by Francis Pileggi

Largent v. Reed (Pa. Ct. Common Pleas, Nov. 8, 2011).  The purpose of including this Pennsylvania trial court opinion is because of its broad applicability and its relevance to discovery generally in business litigation cases.  The decision granted a discovery … Continue reading →

Supreme Court Affirms Chancery’s Denial of Request for Hewlett Packard Report

Posted on November 22nd, 2011 by Francis Pileggi

In Espinoza v. Hewlett-Packard Co., read opinion here, the Delaware Supreme Court yesterday affirmed the Court of Chancery’s denial of a request under DGCL Section 220 for a report regarding the investigation relating to the ouster of former Hewlett Packard … Continue reading →

Chancery Denies Request for Expedited Proceedings

Posted on November 20th, 2011 by Francis Pileggi

In Huawei Technologies Co., Ltd. v. Interdigital Technology Corp., C.A. No. 6974-CS (Del. Ch., Nov. 17, 2011), read transcript ruling here, the Delaware Court of Chancery denied a request for expedited scheduling in a case that sought to set a … Continue reading →

The Business Judgment Rule and Football

Posted on November 20th, 2011 by Francis Pileggi

Professor Stephen Bainbridge has a post here that discusses the business judgment rule in the context of (American) football.

Delaware Supreme Court Affirms Ruling on Redemption of Preferred Shares

Posted on November 17th, 2011 by Francis Pileggi

SV Investment Partners, LLC v. ThoughtWorks, Inc., No. 107, 2011 (Del. Supr., Nov. 15, 2011), read Delaware Supreme Court opinion here. Issue Addressed Whether SV Investments failed to carry its burden of proof that “legally available funds” were available to … Continue reading →

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