Insider Trading Claim against Kohlberg Kravis Roberts & Co. Allowed to Proceed
In re: Primedia, Inc., Shareholders Litigation, Cons., C.A. No. 6511-VCL (Del. Ch. May 10, 2013). Issue Addressed: Whether insider trading claim based on state law should be allowed to proceed despite motion to dismiss by special litigation committee. Short Answer: … Continue reading
Chancery Declines to Enjoin Acquisition of Plains Exploration and Production Co.
In Re Plains Exploration & Production Company Stockholder Litigation, Cons., C.A. No. 8090-VCN (Del. Ch. May 9, 2013). Issues Addressed: Were Revlon duties of the board breached due to the absence of a special committee and pre-market check in connection … Continue reading
Post-Mediation Statement by Mediator Not Admissible to Enforce Settlement
United Health Alliance, LLC v. United Medical, LLC, C.A. No. 7710-VCP (Del. Ch. May 6, 2013). Issue Addressed: Whether a post-mediation e-mail by a mediator is admissible for purposes of enforcing the terms of a settlement reportedly reached during mediation. Short Answer: … Continue reading
Settlement Agreement Enforced Without All Signatures
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
Attorney/Client Privilege and Work Product Doctrine Again Addressed by Chancery
AM General Holdings LLC v. The Renco Group, Inc., C.A. No. 7639-VCN (Del. Ch. April 18, 2013). A prior Chancery decision in this case was highlighted on these pages at this link. Issue Addressed: Whether the attorney/client privilege and the … Continue reading
Chancery Addresses Attorney/Client Privilege and Work Product Doctrine
JPMorgan Chase & Co. v. American Century Companies, Inc., C.A. No. 6875-VCN (Del. Ch. April 18, 2013). Issue Addressed: Whether the attorney/client privilege and work product doctrine were defenses to a motion to compel? Short Answer: Yes in part and no … Continue reading
Chancery Rules on Rights of Director to Corporate Information
Kalisman v. Friedman, C.A. No. 8477-VCL (Del. Ch. April 17, 2013). Issue Addressed: Can a corporation deny access to confidential data to a member of the board of directors based on the attorney/client privilege or work product doctrine? Short Answer: Not … Continue reading
Chancery Penalizes Obstruction in Efforts to Take Deposition
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
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 Addresses “At Issue” Exception to Attorney/Client Privilege
In re Comverge, Inc., Shareholders Litigation, C.A. No. 7368-VCP (Del. Ch. April 10, 2013). Issue Presented: Whether the attorney-client privilege was a defense to a motion to compel documents. Short Answer: Yes, under the circumstances of this case. Summary of … Continue reading
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