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Posted on February 16, 2009 by Francis G.X. Pileggi

Chancery Court Finds Pre-Suit Demand Not Excused

In Re: Affiliated Computer Services, Inc. Shareholders Litigation, (Del. Ch., February 6, 2009), read opinion here. We are fortunate to have the following review and analysis of this case prepared by Kevin Brady, a partner in the Business Law Group at the Wilmington, Delaware, office of Connolly Bove. In a... Continue Reading...

Tags: Chancery Court Updates, Business Judgment Rule, amended complaint, demand excused, demand futility, disinterested, independent directors, supplemental complaint

Posted on August 16, 2008 by Francis G.X. Pileggi

Court Allows Amended Complaint Despite Motion to Dismiss

Sutherland v. Sutherland, 2008 WL 3021024 (Aug. 5, 2008). This is an example of the Chancery Court's practical side which allows it to cut to the chase and avoid unnecessary procedural entanglements. In this case, despite a Motion to Dismiss that was pending, and in light of the multiple proceedings... Continue Reading...

Tags: Chancery Court Updates, Rule 23.1, amended complaint, delaware litigation, demand excused, francis gx pileggi, motion to dismiss, rule 15, special litigation committee