Settlement Agreement Enforced Without All Signatures

Posted on May 6th, 2013 by Francis Pileggi

Whittington v. Dragon Group LLC, C.A. No. 2291-VCP (Del. Ch. May 1, 2013).  Multiple prior decisions in this case have been highlighted on these pages and they provide more background details for the interested reader. Issue Addressed:  Whether a settlement agreement … Continue reading →

Chancery Penalizes Obstruction in Efforts to Take Deposition

Posted on April 20th, 2013 by Francis Pileggi

Cartanza v. Cartanza, C.A. No. 7618-VCP (Del. Ch. April 16, 2013). Issue Addressed:  Whether attorneys’ fees should be awarded due to defense counsel obstructing the efforts of opposing counsel to depose his client. Short Answer: Yes. Brief Overview This letter … Continue reading →

Chancery Addresses Reasonableness of Fees Awarded Pursuant to Contract

Posted on April 19th, 2013 by Francis Pileggi

Edgewater Growth Capital Partners L.P. v. H.I.G. Capital, Inc., C.A. No. 3601-CS (Del. Ch. April 18, 2013).  This ruling explains both an issue about attorneys’ fees and the revision of a previous Chancery opinion in this case highlighted on these pages here. … Continue reading →

Chancery Awards Fees in Disclosure Only Settlement

Posted on March 23rd, 2013 by Francis Pileggi

In re: Paetec Holding Corp. Shareholders Litigation, C.A. No. 6761-VCG (Del. Ch. Mar. 19, 2013). This Chancery opinion explains why attorneys’ fees were awarded in the amount of $500,000 based on a settlement of a challenge to a merger that resulted … Continue reading →

Duties of Directors of Insolvent Company Addressed

Posted on March 9th, 2013 by Francis Pileggi

Edgewater Growth Capital Partners LP v. HIG Capital, Inc., C.A. 3601-CS (Del. Ch., Feb. 28, 2013). This 70-page decision provides useful and extensive analysis of the duties of directors of an insolvent corporation and related claims against a private equity shareholder … Continue reading →

Chancery Ends Experiment in Litigation Financing

Posted on February 10th, 2013 by Francis Pileggi

Forsythe v. ESC Fund Management Co. (U.S.), Inc., C.A. 1091-VCL (Del. Ch. Feb. 6, 2013). Issue addressed: Whether the court would allow objectors to the settlement of a derivative suit to guarantee the amount of the settlement and “take a … Continue reading →

Chancery Awards Fees in Representative Litigation

Posted on January 16th, 2013 by Francis Pileggi

In re MoneyGram Int’l, Inc. S’holders Litig., C.A. No. 6387-VCL (Del. Ch. Jan. 7, 2013). This case is about the award of attorneys’ fees. This case is notable because it involves the award of fees for non-monetary benefits received during … Continue reading →

Key Delaware Corporate and Commercial Decisions in 2012

Posted on January 2nd, 2013 by Francis Pileggi

Noteworthy 2012 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery. By: Francis G.X. Pileggi and Kevin F. Brady. Introduction This is the eighth year that we are providing an annual review of key Delaware corporate and … Continue reading →

Improper Notarization of Signature for Complaint Results in Dismissal

Posted on November 20th, 2012 by Francis Pileggi

Bessenyei v. Vermillion, Inc., C.A. No. 7572-VCN (Del. Ch. Nov. 16, 2012). Issues Addressed: (1)  Whether a notarized signature signed in the absence of a notary results in an invalid verification; and (2)  Whether knowingly presenting an improperly notarized verification is a … Continue reading →

Delaware Supreme Court Upholds Chancery Decision but Rejects Dicta on Default Fiduciary Duties in LLCs

Posted on November 9th, 2012 by Francis Pileggi

Gatz Properties LLC v. Auriga Capital Corp., No. 148, 2012 (Del. Supr. Nov. 7, 2012) (Per Curiam). Issue Addressed Delaware’s High Court held that the manager of an LLC violated a contracted-for fiduciary duty that adopted the equitable standard of … Continue reading →

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