Court of Chancery Appoints Receiver as Remedy for Contempt in Books and Records Action
Jagodzinski v. Silicon Valley Innovation Company LLC, C.A. No. 6203-VCP (Del. Ch. Feb. 14, 2012). Issue Addressed The issue addressed in this case was whether the Court of Chancery should grant a Motion for Contempt and for the Appointment of … Continue reading
Chancery Denies Motion to Compel Supplemental Section 220 Production Due to Post-Trial Developments
Amalgamated Bank v. NetApp, Inc., C.A. No. 6772-VCG (Del. Ch. Feb. 6, 2012). Issue Addressed Whether supplemental documents should be produced to comply with post-trial determination pursuant to DGCL Section 220 that books and records must be provided. Background In October … Continue reading
Multiple New Suits Challenge Exclusive Forum Selection Bylaws in Delaware Court of Chancery
We typically focus on summarizing corporate and commercial decisions of Delaware’s Supreme Court and Court of Chancery, but today we find noteworthy a bevy of new lawsuits just filed in the Delaware Court of Chancery. These new suits challenge bylaws in several companies … Continue reading
Chancery Appoints Co-Lead Class Counsel along with Current Lead Counsel
In re Delphi Financial Group Shareholder Litigation, Consol. C.A. No. 7144-VCG(Del. Ch. Feb. 7, 2012). Issue Addressed The Court of Chancery in this decision addressed a motion to vacate the stipulated leadership structure and to appoint a new lead plaintiff … Continue reading
Chancery Explains Basis for Fiduciary Duty Default Standards Applicable to LLCs
Auriga Capital Corp. v. Gatz Properties LLC, C.A. No. 4390-CS (Del. Ch., Jan. 27, 2012), read opinion here. What this Case is About and Why it is Important This case establishes a high-water mark in terms of providing the most … Continue reading
Chancery Stays Derivative Action in Favor of Federal Securities Class Action
Brenner v. Albrecht, C.A. No. 6514-VCP (Del. Ch. Jan. 27, 2012), read opinion here. Issue Addressed The issue addressed in this case was whether a derivative action in Delaware should be stayed or allowed to proceed despite a related, pending federal … Continue reading
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
Chancery Grants TRO to Halt Restructuring of Loans Secured by Atlantis Resort and Casino in the Bahamas
Trilogy Portfolio Company, LLC v. Brookfield Real Estate Financial Partners, LLC, C.A. No. 7161-VCP (Del. Ch., Jan. 13, 2012), read opinion here. Issue Addressed Whether the restructuring of a $2.7 billion mortgage loan secured by the Atlantis Resort and Casino … Continue reading
Academic Analysis of M & A Litigation. Is Delaware Losing Market Share?
Professor Steven Davidoff provides scholarly and statistical analysis of M & A litigation in a recently published article, in which he also addresses the issue of whether Delaware is “losing” that type of litigation to other states, and related aspects of this … Continue reading
Chancery Addresses Appraisal of Preferred Shares Based on Terms in Certificate of Incorporation
Shiftan v. Morgan Joseph Holdings, Inc., C.A. No. 6424-CS (Del. Ch. Jan. 13, 2012), read opinion here. Issues Addressed: (i) Whether the Court may consider in an appraisal action a contractually required redemption event in the certificate of incorporation, scheduled … Continue reading
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