Chancery Allows Some Claims to Proceed in Connection with Merger

Chen v. Howard-Anderson, C.A. No. 5878-VCL (Del. Ch. April 8, 2014). Why this Case is Noteworthy: This Delaware Court of Chancery opinion addresses the standard of review applicable in a merger that is challenged on Revlon grounds, and the exculpatory provisions that protect … Continue reading

Chancery Allows Union to Intervene in Philadelphia Newspaper Litigation

In re Interstate General Media Holdings, LLC, C.A. No. 9221-VCP (Del. Ch. April 7, 2014). Noteworthy aspects of this decision: On a substantive level, this case is about a dissolution pursuant to Section 18-802 of the Delaware LLC Act and this decision … Continue reading

Chancery Examines Details of Affidavit Supporting Amount of Fees Awarded

Preferred Investments, Inc. v. T&H Bail Bonds, et al., C.A. No. 5886-VCP (Del. Ch. Mar. 28, 2014). Issue Addressed: The court awarded fees in a prior decision in this case and this letter ruling reviewed objections to the time entries and … Continue reading

U.S. Supreme Court Declines to Hear Appeal of Chancery Arbitration Program

As previously reported on these pages, the U.S. Court of Appeals for the Third Circuit found that a confidential arbitration program sponsored by the Court of Chancery for major business disputes ran afoul of the U.S. Constitution. The U.S. Supreme … Continue reading

Chancery Allows Demand for Books and Records Against Hershey to Proceed Regarding Claims of Child Labor

Louisiana Municipal Police Employees’ Retirement System v. The Hershey Company, C.A. No. 7996-VCL (Del. Ch. Mar. 18, 2014)(Transcript of hearing). Issue addressed: whether claims that the Hershey Company has knowingly obtained cocoa supplies from countries in Africa that employ child … Continue reading

Governor Nominates New Chancellor for Court of Chancery

Delaware Governor Jack Markell today nominated Andre Bouchard for Chancellor of the Court of Chancery. The seat was vacated when Leo Strine, Jr., the former Chancellor, was recently elevated to Chief Justice of the Delaware Supreme Court. The next step … Continue reading

Chancery Chides Investment Banker on Both Sides of Deal

In Re Rural Metro Corporation Stockholder Litigation, C.A. No. 6350-VCL (Del. Ch. Mar. 7, 2014). This noteworthy opinion deserves more fulsome commentary but for present purposes we highlight that this 90-page post-trial decision by the Court of Chancery found RBC Capital Markets LLC liable for … Continue reading

Advancement Granted Without Use of Exact Word in Agreement

Fillip v. Centerstone Linen Services, LLC, C.A. No.8712-VCG (Del. Ch. Feb. 27, 2014). Why is this notable: This Chancery decision upheld the Final Report of the Master in Chancery which found that the terms of an LLC agreement supported advancement even … Continue reading

Chancery Clarifies Doctrine of Acquiescence; Bars Relief

Lehman Brothers Holdings, Inc. v. Spanish Broadcasting System, Inc., Cons., C.A. No. 8321-VCG (Del. Ch. Feb. 25, 2014) Why litigators should care about this decision: The Court of Chancery in this opinion candidly acknowledged that the case law in Delaware … Continue reading

Confidentiality in the Court of Chancery

There are two separate pending matters that relate to confidentiality in the Court of Chancery and what details of litigation pending in the court may be properly withheld from the public. One is an appeal to the Delaware Supreme Court … Continue reading