Claims By Receiver for Corporation Proceed Against Directors

Stewart v. Wilmington Trust SP Services, Inc., et al., C.A. No. 9306-VCP (Del. Ch. Mar. 26, 2015). This opinion from the Delaware Court of Chancery should be required reading for anyone who wants to know the latest iteration of Delaware law … Continue reading

Chancery Rejects Forum Non Conveniens Argument

Wilmington Savings Fund Society, FSB v. Caesars Entertainment Corp., C.A. No. 10004-VCG (Del. Ch., Mar. 18, 2015). This Court of Chancery decision is noteworthy for two main points that should be of interest to those engaged in corporate and commercial … Continue reading

Chancery Denies Preliminary Injunction Request

Theravectys SA v. Immune Design Corp., C.A. No. 9950-VCN (Del. Ch. Mar. 8, 2015), is a Delaware Chancery opinion that may be useful for its application of the well-worn prerequisites that must be satisfied for obtaining preliminary injunctive relief. The … Continue reading

Default Judgment Entered Against Non-Appearing Defendant Directors

In re Puda Coal Inc. Stockholders Litigation, No. 6476, 2015 WL 935322 (Del. Ch. Mar. 4, 2015). This Delaware Chancery ruling imposed a default judgment against director defendants who reside in China. One decision in the several prior proceedings in … Continue reading

Notice and Hearing Procedure In Mooted Actions

The Court of Chancery recently issued a short letter ruling in Swomley v. Schlecht, C.A. No. 9355-VCL (Del. Ch., March 12, 2015), summarizing the notice and hearing procedure requirements set forth in In re Advanced Mammography Sys., Inc. S’holders Litig., … Continue reading

Compound v. Simple Post-Judgment Interest

In a recent letter decision, the Court of Chancery in ReCor Medical, Inc. v. Warnking, C.A. No. 7387-VCN (Del. Ch., Jan. 30, 2015), discussed the equitable considerations involved in determining whether an award of post-judgment interest should be simple or … Continue reading

Chancery Court Declines to Apply Fee-Shifting Bylaw Based on Timing of its Adoption

Today the Delaware Court of Chancery issued an opinion in Strougo v. Hollander, C.A. No. 9770-CB (Del. Ch. Mar. 16, 2015), on an issue of first impression.  The Court did not decide the merits of the underlying complaint; the only … Continue reading

Chancery Denies Stockholder Demand for Section 220 Records

Fuchs Family Trust v. Parker Drilling Company, C.A. No. 9986-VCN (Del. Ch. March 4, 2015). This opinion of the Delaware Court of Chancery analyzes a stockholder demand pursuant to DGCL Section 220 seeking information concerning violations by the company of … Continue reading

Chancery Enforces Deposition Practice Standards

In my recent ethics column for The Bencher, I highlight a recent decision of the Delaware Court of Chancery in the Dole case that enforces standards of conduct for deposition practice. In addition to interpreting Court of Chancery Rule 37 as … Continue reading

Chancery Decides: Expert Witness Must Be Individual–Not Entity

In Re: Dole Food Co., Inc., Stockholder Litigation, Cons., CA. No. 8703-VCL (Del. Ch. Feb. 27, 2015). This Delaware Court of Chancery opinion concluded after careful reasoning that in order to serve as an expert witness, one must have a … Continue reading