Interview with Chancellor Bouchard of the Delaware Court of Chancery

Chancellor Andre Bouchard of the Delaware Court of Chancery was interviewed yesterday by a publication called Town Square Delaware about the transition from corporate litigator to jurist, and related questions. The exchanges of questions and answers provides a helpful insight for those … Continue reading

Chancery Provides Practical Advice on How To Handle Pre-Trial Stipulations When Parties Cannot Agree

Itron, Inc. v. Consert, Inc., C.A. No. 7720-VCL (Del. Ch. Jan. 15, 2015). Why this Case is Worth Reading: The Court of Chancery in this opinion provides very explicit guidance on a procedure to follow if parties are unable to … Continue reading

Chancery Applies New Statute Allowing for 20 Year Contractual Statute of Limitations

Bear Stearns Mortgage Funding Trust v. EMC Mortgage LLC, C.A. No. 7701-VCL (Del. Ch. Jan. 12, 2015) This decision is noteworthy for its discussion of a recently passed Delaware statute that allows parties to a contract to agree to establish … Continue reading

Appeal Pending on Ability of Independent Directors to Be Dismissed Early in Suit

Two recent cases involving the ability of independent directors to be dismissed early in a case involving a challenged transaction are the subject of two separate interlocutory appeals from Chancery to the Delaware Supreme Court. Frank Reynolds of Thomson Reuters … Continue reading

Chancery Addresses Attorney’s Charging Lien

Zutrau v. Jansing and ICE Systems, Inc., C.A. No. 7457-VCP (Dec. 8, 2014). This blog post should be of interest to lawyers who want to be paid for their services. Even if the court harshly rejects a good faith argument, … Continue reading

Chancery Allows Appraisal Arbitrageurs

In re: Appraisal of, Consol., C.A. No. 8173-VCG (Jan. 5, 2015), and Merion Capital v. BMC Software, C.A. No. 8900–VCG (Del. Ch. Jan. 5, 2015). This case is important because it expands the number and type of eligible stockholders who can satisfy … Continue reading

Chancery Limits Restrictions on Confidentiality of Section 220 Production

The Ravenswood Investment Company, L.P. v. Winmill & Co. Incorporated, C.A. No. 7048-VCN (Del. Ch. Dec. 31, 2014). This Chancery ruling limited the number of years that documents produced pursuant to DGCL Section 220 would need to be kept confidential. … Continue reading

Chancery Denies Injunction Based on Revlon Claim

In re: Family Dollar Stores, Inc. Stockholder Litigation, C.A. No. 9985-CB (Del. Ch. Dec. 19, 2014). This opinion is useful for its discussion of the enhanced scrutiny standard of review for breach of fiduciary duty claims under the Revlon standard. … Continue reading

Chancery Enforces Receivership Order for Insurance Company

In the Matter of the Liquidation of Freestone Insurance Company, C.A. No. 9574-VCL (Del. Ch. Dec. 24, 2014). This Chancery opinion enforces a prior Receivership Order appointing the Delaware Insurance Commissioner as a receiver for an insurance company, and requires the bank holding the assets … Continue reading

Supreme Court Reverses Chancery on Section 220 Forum Issue

United Technologies Corp. v. Treppel,  Del. Supr., No. 127, 2014 (Dec. 23, 2014). This Delaware Supreme Court decision reversed a Chancery decision on the issue of whether a company could insist as a prerequisite, prior to producing documents pursuant to DGCL … Continue reading