Amendment of Preference Complaint Relates Back and Avoids Statute of Limitations
Miller v. Metal Exchange Corporation (In re: IH 1, Inc. f/k/a Indalex Holdings Finance, Inc.), Adv. Case No. 11-51329 (PJW) (Bankr. D. Del., Dec. 30, 2011), read opinion here. This summary was prepared by Tara Lattomus of Eckert Seamans. Issue … Continue reading
Chancery Affirms Basic Contract Principles of Waiver and Novation
James J. Gory Mechanical Contracting Inc v. BPG Residential Partners V LLC, et al., Del. Ch., C.A. No. 6999-VCG (Dec. 30, 2011), read opinion here . This summary was prepared by Jill Agro of Eckert Seamans. In this short-and-to-the-point opinion, … Continue reading
Delaware Supreme Court Refuses to Seal Letter Regarding Former CEO of Hewlett-Packard
Hurd v. Espinoza and Hewlett-Packard Company, No. 167, 2011 (Del. Supr., Dec. 28, 2011; corrected on Dec. 29, 2011), read Delaware Supreme Court opinion here. The Chancery decision appealed from was highlighted on these pages here. The New York Times online article about … Continue reading
Delaware Supreme Court Determines that Law of Spain Applies to Shareholder Suit
Sagarra Inversiones, S.L. v. Cementos Portland Valderrivas, S.A., No. 425,2011 (Del. Supr., Dec. 28, 2011), read opinion here. The Chancery decision appealed from was highlighted on these pages here. A related Chancery decision in this case was summarized on this blog here. Issue … Continue reading
SEC Issues Guidance for Disclosures of Breaches of Cyber Security
Recently, the U.S. Securities and Exchange Commission issued some guidance for when publicly listed companies must disclose hacking incidents or other breaches of their cyber security to investors. See SEC Release here. The SEC said that if there is a … Continue reading
Chancery Provides Instruction on When to Seek Discovery in Reply to Summary Judgment Motion
Wimbledon Fund LP – Absolute Return Fund Series v. SV Special Situations Fund LP, C.A. No. 4780-CS (Del. Ch., Dec. 22, 2011), read letter ruling here. Read summaries of prior Delaware decisions in this matter here. This is the latest iteration of … Continue reading
Supreme Court Affirms Chancery’s Rejection of Challenge to Recapitalization Plan
S. Muoio & Co., LLC v. Hallmark Entertainment Investment Co., No. 172, 2011 (Del., Dec. 20, 2011), is a very short Order of the Delaware Supreme Court affirming the decision of the Court of Chancery dated March 9, 2011, which … Continue reading
Professor Larry Ribstein, In Memoriam
Professor Larry Ribstein, RIP. I learned of the sad and sudden recent passing of Professor Ribstein via the many posts over the last two days by the scores of fellow law professors, students and friends that he touched via his … Continue reading
Christmas 2011
For those who want gift giving ideas that can be fulfilled online, I recommend the latest publication from one of the nation’s most respected corporate law experts and a favorite of the Delaware Courts (based on their frequent citations to … Continue reading
Chancery Denies Motion for Reargument and Affirms Decision to Provide Equitable and Monetary Remedies for Breach of an Agreement to Negotiate in Good Faith
PharmAthene, Inc. v. SIGA Technologies, Inc., C.A. No. 2627-VCP (Del. Ch. Dec. 16, 2011), read opinion denying a motion for reargument here. The Court of Chancery’s original 117-page decision from September 2011 involving the award of damages for breach of an “agreement to … Continue reading
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