August 2013

Aedicis Pharmaceutical Corp. v. Anacor Pharmaceuticals, Inc., C.A. No. 8095-VCP (Del. Ch. Aug. 13, 2013).

What this case is about:  This decision is one of a multitude of Chancery opinions on the recurring issue of arbitrability.  This recent iteration includes a comprehensive overview of the many Chancery decisions that address both procedural arbitrability

In Re Trados, Inc. Shareholder Litigation, C.A. No. 1512-VCP (Consol.) (Del. Ch. Aug. 16, 2013). This 115-page significant post-trial opinion deserves extensive commentary but for present purposes, I will cursorily mention the somewhat unusual outcome in this case that applied the entire fairness standard in connection with an acquisition in which the preferred stockholders

Louisiana Municipal Police Employees’ Retirement System v. Hershey Co., No. 7996, Master’s Report (Del. Ch. Aug. 16, 2013).

This decision rejected a demand for books and records of the Hershey Company based on DGCL Section 220. The stockholder claimed, in essence, that Hershey’s management must be complicit in the abhorrent child labor practices in the