Delaware Supreme Court Reverses Chancery on Federal Motion to Dismiss Standard
Cambium Ltd. v. Trilantic Capital Partners, No. 363, 2011 (Del. Supr, Jan. 20, 2011), read Order here. This Order of the Delaware Supreme Court applied the recent decision of Delaware’s High Court in the Central Mortgage case in which it clarified that … Continue reading
Delaware Supreme Court Chief Justice Myron Steele Speaks at Stanford Law School
The Honorable Myron T. Steele, Chief Justice of the Delaware Supreme Court, spoke at the Stanford Law School’s Rock Center for Corporate Governance on the topic of “Shareholder Empowerment v. Board Authority” recently. The video and audio clip of His Honor’s presentation … Continue reading
Noteworthy 2011 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery
Noteworthy 2011 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 seventh year that we are providing an annual review of key Delaware corporate and … Continue reading
Delaware Supreme Court Refuses to Seal Letter Regarding Former CEO of Hewlett-Packard
Hurd v. Espinoza and Hewlett-Packard Company, No. 167, 2011 (Del. Supr., Dec. 28, 2011; corrected on Dec. 29, 2011), read Delaware Supreme Court opinion here. The Chancery decision appealed from was highlighted on these pages here. The New York Times online article about … Continue reading
Delaware Supreme Court Determines that Law of Spain Applies to Shareholder Suit
Sagarra Inversiones, S.L. v. Cementos Portland Valderrivas, S.A., No. 425,2011 (Del. Supr., Dec. 28, 2011), read opinion here. The Chancery decision appealed from was highlighted on these pages here. A related Chancery decision in this case was summarized on this blog here. Issue … Continue reading
Supreme Court Affirms Chancery’s Rejection of Challenge to Recapitalization Plan
S. Muoio & Co., LLC v. Hallmark Entertainment Investment Co., No. 172, 2011 (Del., Dec. 20, 2011), is a very short Order of the Delaware Supreme Court affirming the decision of the Court of Chancery dated March 9, 2011, which … Continue reading
Delaware Supreme Court Clarifies Right to Prejudgment Interest
Brandywine Smyrna, Inc. v. Millennium Builders, LLC, No. 53, 2011 (Del. Supr., Dec. 9, 2011), read Delaware Supreme Court opinion here. Issue Addressed: This decision addresses the issue of when prejudgment interest is appropriate in a breach of contract case, … Continue reading
Delaware Supreme Court Reverses Trial Court; Procedural Defect Not Sound Basis for Dismissal
Dishmon v. Fucci, No. 784, 2010 (Del. Supr., Nov. 10, 2011) (en banc), read Delaware Supreme Court decision here. Jill Agro of Eckert Seamans prepared the overview of this case. Although tangential to the substantive topic of commercial and corporate … Continue reading
Supreme Court Affirms Chancery’s Denial of Request for Hewlett Packard Report
In Espinoza v. Hewlett-Packard Co., read opinion here, the Delaware Supreme Court yesterday affirmed the Court of Chancery’s denial of a request under DGCL Section 220 for a report regarding the investigation relating to the ouster of former Hewlett Packard … Continue reading
Delaware Supreme Court Affirms Ruling on Redemption of Preferred Shares
SV Investment Partners, LLC v. ThoughtWorks, Inc., No. 107, 2011 (Del. Supr., Nov. 15, 2011), read Delaware Supreme Court opinion here. Issue Addressed Whether SV Investments failed to carry its burden of proof that “legally available funds” were available to … Continue reading
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