Chancery Enjoins BankAtlantic Sale to BB&T Corp.
In Re BankAtlantic Bancorp Inc. Litigation, Consol. C. A. No. 7068-VCL (Del. Ch. Feb. 27, 2012). This 42-page opinion of the Delaware Court of Chancery, along with a 14-page appendix to the opinion, permanently enjoined Bancorp from consummating the sale … Continue reading
Practice Guidelines for Delaware Court of Chancery and Default Electronic Discovery Standards for U.S. District Court, District of Delaware
We have previously written on these pages about the relatively new Guidelines issued by the Delaware Court of Chancery, which are intended to give guidance to practitioners on procedural protocols before the Court. We have also written on these pages about the recently … Continue reading
Delaware Court of Chancery Awards Attorneys’ Fees of $660,000
Auriga Capital Corp. v. Gatz Properties, LLC, is an iconic opinion from the Delaware Court of Chancery that was issued on Jan. 27, 2012 and highlighted on these pages here. This decision is momentous because it explains why fiduciary duties … Continue reading
Review of Professor Bainbridge’s Newest Book: “Corporate Governance After The Financial Crisis”
Professor Stephen Bainbridge is a favorite of this blog and known to our readers as a nationally recognized corporate law scholar who is oft-cited in the opinions of Delaware courts. His latest book, Corporate Governance After The Financial Crisis, was … Continue reading
Chancery Rules on Waiver and Arbitrability
Halpern Medical Services, LLC v. Greary, Del. Ch., C.A. No. 6679-VCN (Feb. 17, 2012). Issues Addressed This case serves as a refresher on several issues that are frequently argued before the Court of Chancery: (1) the arbitrability of a claim … Continue reading
Court of Chancery Appoints Receiver as Remedy for Contempt in Books and Records Action
Jagodzinski v. Silicon Valley Innovation Company LLC, C.A. No. 6203-VCP (Del. Ch. Feb. 14, 2012). Issue Addressed The issue addressed in this case was whether the Court of Chancery should grant a Motion for Contempt and for the Appointment of … Continue reading
Corporate Law’s Most “Over-Studied” Topics
Professor Stephen Bainbridge has provided a list of the most “over-studied” topics in corporate law. The good professor is not saying that the topics are unimportant; rather he suggests that they often receive more attention from academics than is warranted. An … Continue reading
Indemnification and Advancement Issue of First Impression Decided by Chancery
Hermelin v. K-V Pharmaceutical Company, C.A. No. 6936-VCG (Del. Ch., Feb. 7, 2012). Issues Addressed The Court of Chancery addressed an issue of first impression in Delaware regarding: “what evidence is relevant to an inquiry into whether an indemnitee acted in good faith … Continue reading
Status of Federal Suit Challenging Confidential Arbitration in Court of Chancery
The Delaware Court of Chancery’s confidential and expedited arbitration procedure, in which selected disputes are heard before a member of the Court at a final hearing within 90 days of a complaint being filed, as described in a prior post here, … Continue reading
Delaware Supreme Court Recognizes Attorney Lien in Settlement Proceeds
Doroshow, Pasquale, Krawitz & Bhaya v. Nanticoke Memorial Hospital and Maria Acosta, Del. Supr., No. 41, 2011 (Jan. 23, 2012) Issue Addressed Whether Delaware recognizes an attorney’s right to assert a charging lien. Answer: Yes. (Compare recently recognized “attorney retaining … Continue reading
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